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HERCULES INC. v. U.S.

No. 01-5103.

292 F.3d 1378 (2002)

HERCULES INCORPORATED, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided June 5, 2002.

Attorney(s) appearing for the Case

Robert K. Huffman, Mayer, Brown & Platt, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Robert L. Bronston.

Lawrence N. Minch, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and Robert E. Kirschman, Assistant Director.

Before MAYER, Chief Judge, BRYSON and PROST, Circuit Judges.

MAYER, Chief Judge.

Hercules, Inc., appeals the March 28, 2001, judgment of the United States Court of Federal Claims which followed the grant of partial summary judgment to the United States. Hercules Inc. v. United States, 49 Fed. Cl. 80 (2001). Because the Court of Federal Claims properly determined that the Cost Accounting Standards (CAS), 48 C.F.R. §§ 9904.406 and 9904.410-40(b)(1), are not inconsistent with the contract's incorporated Federal...

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