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INTERNATIONAL DATA PRODUCTS CORP. v. U.S.

Nos. 2006-5083, 2006-5094.

492 F.3d 1317 (2007)

INTERNATIONAL DATA PRODUCTS CORP., Plaintiff-Appellant, v. UNITED STATES, Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

June 27, 2007.

Attorney(s) appearing for the Case

Edward J. Tolchin, Fettmann, Tolchin & Majors, P.C., of Fairfax, VA, argued for plaintiff-appellant.

Allison Kidd-Miller, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-cross appellant. With her on the brief were Peter D. Keisler, Assistant Attorney General, and Deborah A. Bynum, Assistant Director. Of counsel on the brief were E. Michael Chiaparas, Director, Contract Disputes Resolution Center, Defense Contract Management Agency, of Manassas, VA, and John T. Lauro, Trial Attorney, Commercial Litigation Division, Air Force Legal Services Agency, of Arlington, VA.

Before LOURIE, RADER, and PROST, Circuit Judges.

RADER, Circuit Judge.

The Air Force terminated for convenience its Desktop V contract with International Data Products Corporation (IDP) because IDP lost its status as a small entity favored under section 8(a) of the Small Business Act. Small Business Act, Pub.L. No. 85-536, 72 Stat. 384 (codified as amended in scattered sections of 15 U.S.C.). The Air Force, however, required IDP to continue to perform warranty and upgrade services under the contract. IDP sued for...

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