ABRAHAM v. ROCKWELL INTERN. CORP.

No. 02-1277.

326 F.3d 1242 (2003)

Spencer ABRAHAM, Secretary of Energy, Appellant, v. ROCKWELL INTERNATIONAL CORPORATION, Appellee.

United States Court of Appeals, Federal Circuit.

April 16, 2003.


Attorney(s) appearing for the Case

John A. Kolar, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for appellant. With him on the brief were Robert D. McCallum, Jr., Acting Associate Attorney General; David M. Cohen, Director; and Mark A. Melnick, Assistant Director. Of counsel on the brief was Marc Johnston, Attorney, Office of General Counsel, Department of Energy, of Washington, DC.

Richard J. Ney, Chadbourne & Parke LLP, of Los Angeles, CA, argued for appellee. Of counsel were Scott James Preston; and William J. Kelly, III, Kelly & Kelly, of Irvine, CA.

Before NEWMAN, RADER and DYK, Circuit Judges.


DYK, Circuit Judge.

The Secretary of Energy appeals the decision of the Department of Energy Board of Contract Appeals ("Board") in favor of Rockwell International Corp. ("Rockwell"). Rockwell Int'l Corp., Nos. C-9509187, C-9509220, & C-95099221, 2001 WL 1543836, 2001 EBCA LEXIS 7, at *1 (EBCA Oct. 31, 2001).

This case presents the question whether legal fees and other costs incurred in a successful defense against environmental criminal charges...

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