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RILEY & EPHRIAM CONST. CO., INC. v. U.S.

No. 04-5152.

408 F.3d 1369 (2005)

RILEY & EPHRIAM CONSTRUCTION COMPANY, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 18, 2005.

Attorney(s) appearing for the Case

Steven L. Smith, Smith, Cooksey & Vickstrom, PLLC, of Charlotte, North Carolina, argued for plaintiff-appellant.

James D. Colt, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Harold D. Lester, Jr., Assistant Director. Of counsel on the brief was Bryan O'Boyle, Senior Trial Attorney, Air Force Legal Services Agency, of Arlington, Virginia.

Before NEWMAN, CLEVENGER, and RADER, Circuit Judges.

CLEVENGER, Circuit Judge.

Riley & Ephriam Construction Company, Inc. ("R & E") appeals the grant of summary judgment in favor of the United States ("government") by the Court of Federal Claims based on the determination that R & E's claims were untimely filed under the Contract Disputes Act ("CDA"). Riley & Ephriam Constr. Co. v. United States, 61 Fed.Cl. 405 (2004). Because the Court of Federal Claims erred in determining when the contracting...

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