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RUMSFELD v. FREEDOM NY, INC.

Nos. 02-1105, 02-1130.

329 F.3d 1320 (2003)

Donald H. RUMSFELD, Secretary of Defense, Appellant, v. FREEDOM NY, INC., Appellee. Freedom NY, Inc., Appellant, v. Donald H. Rumsfeld, Secretary of Defense, Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: May 22, 2003.

Attorney(s) appearing for the Case

William K. Olivier, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for the Secretary of Defense. With him on the brief was David M. Cohen, Director.

Gilbert J. Ginsburg, of Washington, DC, argued for Freedom NY, Inc. Of counsel on the brief were Neil H. Ruttenberg, of Beltsville, MD; and Shlomo D. Katz, Epstein Becker & Green, P.C., of Washington, DC.

Before SCHALL, GAJARSA, and DYK, Circuit Judges.

DYK, Circuit Judge.

The Secretary of Defense ("government") appeals the Armed Services Board of Contract Appeals' ("Board's") decision holding invalid two settlement agreements (Modifications 25 and 29) between the government and the contractor and awarding a price adjustment pursuant to the "Government Delay of Work" clause in the contract. Freedom NY, Inc., ASBCA No. 43965, 01-2 B.C.A. (CCH) ¶ 31,585 at 156,043, 2001 WL 1143312 (2001). Freedom New York...

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