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E.L. HAMM & ASSOCIATES, INC. v. ENGLAND

No. 03-1527.

379 F.3d 1334 (2004)

E.L. HAMM & ASSOCIATES, INC., Appellant, v. Gordon R. ENGLAND, Secretary of Navy, Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: August 17, 2004.

Attorney(s) appearing for the Case

David W. Lannetti, Vandeventer Black LLP, of Norfolk, Virginia, argued for appellant. With him on the brief was Michael L. Sterling.

Kenneth D. Woodrow, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Mark A. Melnick, Assistant Director. Of counsel was Mark R. Wiener, Attorney, Navy Litigation Office, Washington Navy Yard, of Washington, DC.

Before MAYER, Chief Judge, RADER, and PROST, Circuit Judges.

PROST, Circuit Judge.

E.L. Hamm & Associates, Inc. (Hamm) appeals the decision of the Armed Services Board of Contract Appeals (Board) upholding the contracting officer's (CO's) decision denying Hamm's claim for an equitable adjustment. In re E.L. Hamm & Assocs., Inc., ASBCA No. 51838, 2003 WL 1795675 (Apr. 1, 2003). At the Board, Hamm claimed, among other things, it was entitled to $135,930.18 for additional policing work because of a defect in the...

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