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EMPIRE ENERGY MANAGEMENT SYSTEMS, INC. v. ROCHE

No. 03-1277.

362 F.3d 1343 (2004)

EMPIRE ENERGY MANAGEMENT SYSTEMS, INC., Appellant, v. James G. ROCHE, Secretary of the Air Force, Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: March 24, 2004.

Attorney(s) appearing for the Case

Carter G. Phillips, Sidley Austin Brown & Wood LLP, of Washington, DC, argued for appellant. With him on the brief were Virginia A. Seitz, Joseph C. Port, Jr., Mark P. Guerrera, and Kimberle E. Dodd.

Kyle Chadwick, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Robert D. McCallum, Jr., Associate Attorney General; David M. Cohen, Director; and Mark Melnick, Assistant Director.

Before MAYER, Chief Judge, GAJARSA, and DYK, Circuit Judges.

Opinion for the court filed by Circuit Judge DYK. Dissenting opinion filed by Chief Judge MAYER.

DYK, Circuit Judge.

The Department of the Air Force ("Air Force") terminated a contract between Empire Energy Management Systems, Inc. ("Empire") and the Air Force for default. The Armed Services Board of Contract Appeals ("Board") sustained the Air Force's default termination. Empire Energy Mgmt. Sys., Inc., ASBCA...

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