ENGLAND v. CONTEL ADVANCED SYSTEMS, INC.

No. 04-1006.

384 F.3d 1372 (2004)

Gordon R. ENGLAND, Secretary of the Navy, Appellant, v. CONTEL ADVANCED SYSTEMS, INC., Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: October 6, 2004.


Attorney(s) appearing for the Case

James D. Colt, 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; and Nancy M. Kim, Trial Attorney.

Gayle R. Girod, Reed Smith, LLP, of Washington, DC, argued for appellee. With her on the brief was Natalia W. Geren.

Before NEWMAN, LOURIE and DYK, Circuit Judges.


Opinion for the court filed by Circuit Judge DYK. Dissenting opinion filed by Circuit Judge PAULINE NEWMAN.

DYK, Circuit Judge.

Appellant the Secretary of the Navy ("the Navy") appeals from the decision of the Armed Services Board of Contract Appeals ("ASBCA" or "the Board") finding the Navy liable to Contel Advanced Systems, Inc. ("CASI") for breach of contract and remanding to the contracting officer for determination of quantum. Contel Advanced Systems...

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