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MEDLIN CONST. GROUP, LTD. v. HARVEY

No. 05-1514.

449 F.3d 1195 (2006)

MEDLIN CONSTRUCTION GROUP, LTD., Appellant, v. Francis J. HARVEY, Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

June 1, 2006.

Attorney(s) appearing for the Case

Johnathan M. Bailey, Bailey & Bailey, P.C., of San Antonio, Texas, for appellant.

Dawn S. Conrad, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for appellee. With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Deborah A. Bynum, Assistant Director. Of counsel on the brief was Lloyd R. Crosswhite, Attorney, United States Army Corps of Engineers, of Fort Worth, Texas.

Before LINN, DYK, and PROST, Circuit Judges.

PROST, Circuit Judge.

Medlin Construction Group, Ltd. ("Medlin") appeals from the summary judgment decision of the Armed Services Board of Contract Appeals (the "Board"), Medlin Constr. Group, Ltd., A.S.B.C.A. No. 54,772, 05-1 BCA ¶ 32,939, which held that Medlin is not entitled to recover certain increased costs incurred in performing Contract No. DACA63-02-C-0015 (the "Contract") with the Army. Because we find that Medlin's interpretation is the only...

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