RAYTHEON CO. v. WHITE

No. 01-1350.

305 F.3d 1354 (2002)

RAYTHEON COMPANY (doing business as Raytheon Systems Company), Appellant, v. Thomas E. WHITE, Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

September 24, 2002.


Attorney(s) appearing for the Case

Mitchell Y. Mirviss, Venable, Baetjer and Howard, LLP, of Baltimore, MD, argued for appellant. Of counsel on the brief were Thomas J. Madden and Rebecca E. Pearson, Venable, Baetjer, Howard & Civiletti, LLP, of Washington, DC.

Steve J. Gillingham, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; and David M. Cohen, Director. Of counsel on the brief was Craig Clarke, Deputy Chief Trial Attorney, Contract Appeals Division, Litigation Center, Department of the Army, of Arlington, VA.

Before BRYSON, GAJARSA, and LINN, Circuit Judges.


BRYSON, Circuit Judge.

Following the termination of a military supply contract, appellant Raytheon Company sought an increase in the total price of the contract to provide a basis for a later claim of termination damages. Dissatisfied with the decision of the contracting officer, Raytheon appealed to the Armed Services Board of Contract Appeals. Before the Board, Raytheon argued that the total price of the contract should have been increased substantially. The Board...

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