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LOCKHEED MARTIN CORP. v. ENGLAND

No. 04-1461.

424 F.3d 1199 (2005)

LOCKHEED MARTIN CORPORATION, Appellant, v. Gordon R. ENGLAND, Secretary of the Navy, Appellee.

United States Court of Appeals, Federal Circuit.

September 21, 2005.

Attorney(s) appearing for the Case

E. Sanderson Hoe, McKenna Long & Aldridge LLP, of Washington, DC, argued for appellant. With him on the brief were Daniel G. Jarcho and Jason N. Workmaster.

William K. Olivier, 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 Bryant G. Snee, Assistant Director. Of counsel on the brief was Charles W. Goeke, Attorney, Defense Contract Management Agency, of Philadelphia, Pennsylvania.

Before RADER, DYK, and PROST, Circuit Judges.

PROST, Circuit Judge.

Lockheed Martin Corp. ("Lockheed") appeals from a decision of the Armed Services Board of Contract Appeals ("Board") in which the Board held that Lockheed was not entitled to recover for subcontract effort in a termination settlement. Lockheed Martin Corp., Naval Elecs. & Surveillance Sys.—Surface Sys., ASBCA Nos. 53032, 54064, 2003 ASBCA LEXIS 104 (Oct. 16, 2003). We affirm the Board's decision.

I. BACKGROUND

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