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AVTEL SERVICES, INC. v. U.S.

No. 2006-5060.

501 F.3d 1259 (2007)

AVTEL SERVICES, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and King Aerospace, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied October 18, 2007.

Attorney(s) appearing for the Case

Howell Roger Riggs, Dick, Riggs, Miller & Stem, LLP, of Huntsville, Alabama, argued for plaintiff-appellant. With him on the brief were David H. Stem, Jr., and Patrick O. Miller. Of counsel was Timothy Paul Pittman.

Elizabeth A. Holt, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee, United States. With her on the brief was Peter D. Keisler, Assistant Attorney General, and Todd M. Hughes, Assistant Director.

Marshall J. Doke, Jr., Gardere Wynne Sewell LLP, of Dallas, Texas, argued for defendant-appellee, King Aerospace, Inc. With him on the brief was Stacy R. Obenhaus.

Before NEWMAN, RADER, and PROST, Circuit Judges.

Rehearing En Banc Denied October 18, 2007.

Dissenting opinion filed by Circuit Judge NEWMAN.

ORDER

PER CURIAM.

Avtel Services, Inc. (Avtel) seeks a resolicitation or reevaluation of a contract that was awarded to King Aerospace, Inc. by the United States. This court only possesses jurisdiction over Avtel's appeal if it can be awarded the relief it seeks. Avtel has made a general assignment to another party to liquidate its assets and...

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