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LEAR SIEGLER SERVICES, INC. v. RUMSFELD

No. 06-1080.

457 F.3d 1262 (2006)

LEAR SIEGLER SERVICES, INC., Appellant, v. Donald H. RUMSFELD, Secretary of Defense, Appellee.

United States Court of Appeals, Federal Circuit.

July 28, 2006.

Attorney(s) appearing for the Case

Daniel B. Abrahams, Epstein Becker & Green, P.C, of Washington, DC, argued for appellant. With him on the brief was Shlomo D. Katz.

Maria T. Conneely, 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 John T. Lauro, Department of the Air Force, Air Force Legal Services Agency, of Arlington, Virginia.

Terry R. Yellig, Sherman, Dunn, Cohen, Leifer & Yellig, P.C., of Washington, DC, for amicus curiae International Association of Machinists and Aerospace Workers, AFL-CIO.

Mark D. Colley, Holland & Knight LLP, of Washington, DC, for amicus curiae Professional Services Council. With him on the brief were David P. Metzger, Kara L. Daniels, and Eric L. Yeo.

Before, NEWMAN, GAJARSA, and LINN, Circuit Judges.

GAJARSA, Circuit Judge.

Lear Siegler Services, Inc. ("LSI" or "the contractor") appeals from the decision of the Armed Services Board of Contract Appeals ("Board"), granting summary judgment to the government and denying summary judgment to LSI. Lear Siegler Servs., Inc., 2005 WL 852139, 2005 ASBCA LEXIS 31, 2005-1 B.C.A. (CCH) P32,937, ASBCA No. 54449, aff'd on reconsideration, 2005 WL 2716494, 2005 ASBCA LEXIS 90, 2005-2 B.C.A. (CCH) P33,110. LSI had...

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