ENGLAND v. SHERMAN R. SMOOT CORP.

No. 03-1461.

388 F.3d 844 (2004)

Gordon R. ENGLAND, Secretary of the Navy, Appellant, v. The SHERMAN R. SMOOT CORP., Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: November 3, 2004.


Attorney(s) appearing for the Case

Richard S. Ewing, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellant. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Donald E. Kinner, Assistant Director. Of counsel on the brief was Robert C. Ashpole, Attorney, Office of the General Counsel, Navy Litigation, Washington Navy Yard, of Washington, DC.

Christopher L. Grant, of Washington, DC, argued for appellee.

Before LOURIE, SCHALL, and DYK, Circuit Judges.


SCHALL, Circuit Judge.

This case arises under the Contract Disputes Act of 1978 (codified at 41 U.S.C. §§ 601-613 (2000)) ("CDA"). Gordon R. England, Secretary of the Navy ("Navy" or "government"), appeals the decision of the Armed Services Board of Contract Appeals ("ASBCA" or "Board") awarding The Sherman R. Smoot Corporation ("Smoot") compensation for a fifty-one-day delay in the completion of Contract No. N62477-94-C-0028 between Smoot and the Navy ...

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