WESLEYAN CO., INC. v. HARVEY

No. 05-1522.

454 F.3d 1375 (2006)

WESLEYAN COMPANY, INC., Appellant, v. Francis J. HARVEY, Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

July 17, 2006.


Attorney(s) appearing for the Case

Richard L. Moorhouse, Greenberg Traurig, LLP, of McLean, Virginia, argued for appellant. With him on the brief was L. James D'Agostino.

David A. Harrington, 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, Brian M. Simkin, Assistant Director, and Tara K. Hogan, Trial Attorney. Of counsel on the brief was Craig S. Clarke, Supervisory Trial Attorney, Contract Appeals Division, Office of the Judge Advocate General, United States Department of the Army, of Arlington, Virginia.

Before MICHEL, Chief Judge, NEWMAN and MAYER, Circuit Judges.


Opinion for the court filed by Chief Judge MICHEL.

Dissenting opinion filed by Circuit Judge NEWMAN.

MICHEL, Chief Judge.

Wesleyan Company, Inc. ("Wesleyan") appeals the decision of the Armed Services Board of Contract Appeals ("Board") dismissing for lack of subject matter jurisdiction its breach of contract claim against the United States. Wesleyan Co., ASBCA No. 53896, 05-1 BCA P32,950, 2005 WL 1006866 (April 22, 2005). Because the Board...

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