WYNNE v. UNITED TECHNOLOGIES CORP.

No. 05-1393.

463 F.3d 1261 (2006)

Michael W. WYNNE, Secretary of the Air Force, Appellant, v. UNITED TECHNOLOGIES CORPORATION, Appellee.

United States Court of Appeals, Federal Circuit.

August 28, 2006.


Attorney(s) appearing for the Case

James W. Poirier, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellant. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Donald E. Kinner, Assistant Director. Of counsel on the brief was Bryan R. O'Boyle, Senior Trial Attorney, Air Force Legal Services Agency, of Arlington, Virginia. Of counsel was Robert P. Balcerek, AFMCLO/JAB, of Wright Patterson Air Force Base, Ohio.

W. Stanfield Johnson, Crowell & Moring LLP, of Washington, DC, argued for appellee. With him on the brief was David Z. Bodenheimer.

Before NEWMAN, Circuit Judge, CLEVENGER, Senior Circuit Judge, and SCHALL, Circuit Judge.


CLEVENGER, Senior Circuit Judge.

The Secretary of the Air Force (Air Force) appeals from the reconsideration decision of the Armed Services Board of Contract Appeals (Board) denying the Air Force's claim for a contract price reduction for a six-year, multi-billion dollar contract with United Technologies Corporation, Pratt & Whitney (UTech). See In re United Techs. Corp., ASBCA Nos. 51410, 53089, 53349, 05-1 BCA ¶ 32,860 (Jan. 19, 2005) (Reconsideration...

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