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TURNER CONST. CO., INC. v. U.S.

No. 03-5055.

367 F.3d 1319 (2004)

TURNER CONSTRUCTION CO., INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 12, 2004.

Attorney(s) appearing for the Case

Herman M. Braude, Braude & Margulies, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Michael A. Lewis.

Glenn I. Chernigoff, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Robert D. McCallum, Jr., Associate Attorney General; David M. Cohen, Director; and Bryant G. Snee, Assistant Director. Of counsel was James W. Poirier, Attorney.

Before MAYER, Chief Judge, NEWMAN and LINN, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Turner Construction Co. (Turner) appeals the judgment of the United States Court of Federal Claims,1 denying Turner's claim for compensation for additional costs incurred in performance of a construction contract with the United States Department of Veterans Affairs (DVA). We reverse the judgment as to entitlement, and remand for further proceedings.

DISCUSSION...

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