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FIREMAN'S FUND INS. CO. v. ENGLAND

No. 00-1420.

313 F.3d 1344 (2002)

FIREMAN'S FUND INSURANCE COMPANY, Appellant, v. Gordon R. ENGLAND, Secretary of the Navy, Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: November 27, 2002.

Attorney(s) appearing for the Case

Vincent J. Zichello, Zichello & McIntyre, LLP, of New York, NY, for appellant.

Elizabeth G. Candler, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for appellee. With her on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and Donald E. Kinner, Assistant Director.

Before CLEVENGER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and BRYSON, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

After a contractor defaulted on a government construction contract, the surety entered into a takeover agreement and completed the work. The government assessed liquidated damages against the surety for delays in doing its work. The contracting officer rejected the surety's challenges to the liquidated damages, and the surety appealed that action to the Board of Contract Appeals ("Board"). The Board dismissed the portion of the claims...

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