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GARDINER, KAMYA & ASSOCIATES, P.C. v. JACKSON

No. 05-1524.

467 F.3d 1348 (2006)

GARDINER, KAMYA & ASSOCIATES, P.C., Appellant, v. Alphonso JACKSON, Secretary of Housing and Urban Development, Appellee.

United States Court of Appeals, Federal Circuit.

November 8, 2006.

Attorney(s) appearing for the Case

Philip M. Musolino, Musolino & Dessel, of Washington, DC, argued for appellant.

Sean McNamara, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice of Washington, DC, argued for appellee. On the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; Mark A. Melnick, Assistant Director; and David A. Harrington, Trial Attorney. Of counsel were Cristina C. Ashworth and Kenneth M. Dintzer, Attorneys.

Before LOURIE, DYK, and PROST, Circuit Judges.

DYK, Circuit Judge.

Gardiner, Kamya & Associates, P.C. ("GKA") appeals from a decision of the Board of Contract Appeals ("BCA") of the U.S. Department of Housing and Urban Development ("HUD"), denying GKA's claim for a retroactive pricing adjustment in its contract with HUD. We affirm.

BACKGROUND

On May 14, 1993, GKA and HUD entered into indefinite delivery/indefinite quantity contract No. DU100C000018170, under whose terms HUD agreed to purchase...

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