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ENGLAND v. THE SWANSON GROUP, INC.

No. 03-1051.

353 F.3d 1375 (2004)

Gordon R. ENGLAND, Secretary of the Navy, Appellant, v. THE SWANSON GROUP, INC., Appellee.

United States Court of Appeals, Federal Circuit.

Decided January 9, 2004.

Attorney(s) appearing for the Case

Andrew P. Averbach, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellant. On the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; Mark A. Melnick, Assistant Director; Christian J. Moran and Kathleen A. Kohl, Attorneys.

Arlene M. Richardson, Richardson & French, L.L.C., of Hayneville, Alabama, AL, for appellee.

Before SCHALL, GAJARSA, and PROST, Circuit Judges.

SCHALL, Circuit Judge.

Gordon R. England, Secretary of the Navy ("Navy" or "government"), appeals the decision of the Armed Services Board of Contract Appeals ("Board") that awarded $278,076.25 in termination settlement costs to The Swanson Group, Inc. ("Swanson"). Swanson Group, Inc., 02-2 B.C.A. (CCH) ¶ 31,906 (A.S.B.C.A. July 1, 2002). The government asserts that the Board lacked jurisdiction over Swanson's appeal because Swanson failed to present to...

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