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INTERNATIONAL TECHNOLOGY CORP. v. WINTER

No. 2007-1276.

523 F.3d 1341 (2008)

INTERNATIONAL TECHNOLOGY CORPORATION, Appellant, v. Donald C. WINTER, Secretary of the Navy, Appellee.

United States Court of Appeals, Federal Circuit.

April 18, 2008.

Attorney(s) appearing for the Case

Peter B. Jones, Jones & Donovan, of Newport Beach, CA, argued for appellant.

David M. Hibey, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Jeanne E. Davidson, Director, and Deborah A. Bynum, Assistant Director.

Opinion for the court filed by Circuit Judge DYK. Circuit Judge MOORE concurs in the result.

DYK, Circuit Judge.

This case involves a claim for breach of a cost-plus-fixed-fee contract for treatment of contaminated soil at a Navy facility in Stockton, California. The contractor, International Technology Corporation ("ITC"),1 seeks to recover additional soil treatment expenses incurred by a subcontractor, Terra Kleen Response Group, Inc. ("TK"), because of unexpectedly high concentrations of clay in the treated soil. The Armed...

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