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KISKA CONST. CORP. v. WASHINGTON METRO. AREA TRAN.

No. 01-7156.

321 F.3d 1151 (2003)

KiSKA CONSTRUCTION CORPORATION, U.S.A., and Kajima Engineering and Construction, Incorporated, A Partner in KiSKA-Kajima, A Joint Venture, Appellants, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 11, 2003.

Attorney(s) appearing for the Case

Kenneth W. Starr argued the cause for the appellants. Christopher Landau and Grant M. Dixton were on brief.

Kenneth B. Weckstein argued the cause for the appellee. Phillip T. Staub was on brief.

Before: GINSBURG, Chief Judge, HENDERSON, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Appellee Washington Metropolitan Area Transit Authority ("WMATA") contracted with Appellants KiSKA Construction Corporation-U.S.A. and Kajima Engineering and Construction, Inc. (collectively "KiSKA") in early 1994 to construct two subway tunnels in Washington, D.C. for a fixed price of $43 million. After experiencing various difficulties completing...

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