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UNITED PACIFIC INS. CO. v. ROCHE

No. 04-1334.

401 F.3d 1362 (2005)

UNITED PACIFIC INSURANCE COMPANY, Appellant, v. James G. ROCHE, Secretary of the Air Force, Appellee.

United States Court of Appeals, Federal Circuit.

March 18, 2005.

Attorney(s) appearing for the Case

Gary A. Wilson, Post & Schell, P.C., of Philadelphia, Pennsylvania, argued for appellant. With him on the brief was Salil P. Patel, Duane Morris LLP, of Philadelphia, Pennsylvania.

Hillary Stern, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and James M. Kinsella, Deputy Director. Of counsel on the brief was William M. Lackermann, Jr., Chief, Office of Trial Attorney, Office of General Counsel, United States Department of the Air Force.

Before MAYER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

MAYER, Circuit Judge.

United Pacific Insurance Company ("United") appeals the decisions of the Armed Services Board of Contract Appeals, ASBCA Nos. 52419, 54270, 54271 (Feb. 7, 2001 & Dec. 29, 2003) ("United I"). It asserts claims arising from events that occurred before it entered into a takeover agreement with the government, as well as two claims stemming from the takeover agreement. Because the board lacks jurisdiction, we cannot consider the merits...

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