Donald C. WINTER, Secretary of the Navy, Appellant,
v.
BATH IRON WORKS CORPORATION, Appellee.
Bath Iron Works Corporation, Appellant,
v.
Donald C. Winter, Secretary of the Navy, Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
October 4, 2007.
October 4, 2007.
Attorney(s) appearing for the Case
Kirk T. Manhardt, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for the Secretary of the Navy. With him on the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson, Director, and William F. Ryan, Assistant Director. Of counsel on the brief was James T. DeLanoy, Senior Trial Attorney, Office of the General Counsel, Navy Litigation Office, United States Department of the Navy, of Washington, DC.
Richard C. Johnson, Smith Pachter McWhorter, PLC, of Vienna, Virginia, argued for Bath Iron Works Corporation. Of counsel were Erin R. Karsman and David S. Stern.
Patricia H. Wittie, Oldaker, Biden & Belair, LLP, of Washington, DC, for amicus curiae American Shipbuilding Association.
Before NEWMAN, RADER, and PROST, Circuit Judges.
United States Court of Appeals, Federal Circuit.
PROST, Circuit Judge.
The Department of the Navy ("Navy") appeals a December 22, 2005 decision of the Armed Services Board of Contract Appeals ("ASBCA" or "board") holding that Bath Iron Works Corporation ("BIW") was entitled to an equitable contract adjustment related to the repair of corroded pipes in a ship it was building for the Navy. Bath Iron Works Corp., ASBCA No. 54544, 06-1 BCA ¶ 33,158 (Dec. 22, 2005...
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