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HI-SHEAR TECHNOLOGY CORP. v. U.S.

No. 03-5077.

356 F.3d 1372 (2004)

HI-SHEAR TECHNOLOGY CORPORATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied March 15, 2004.

Attorney(s) appearing for the Case

Peter B. Jones, Jones & Donovan, of Newport Beach, CA, for plaintiff-appellant.

Michael D. Austin, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Donald E. Kinner, Assistant Director.

Before RADER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.

Rehearing En Banc Denied March 15, 2004.

SCHALL, Circuit Judge.

This suit arises from two spare parts requirements contracts between the United States Army Communications & Electronics Command ("CECOM") and Hi-Shear Technology Corporation ("Hi-Shear"). Following a trial, the Court of Federal Claims held that CECOM had breached the contracts by negligently overestimating in its invitations for bids ("IFBs") the...

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