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GENERAL INJECTABLES & VACCINES, INC. v. GATES

No. 2007-1119.

519 F.3d 1360 (2008)

GENERAL INJECTABLES & VACCINES, INC., Appellant, v. Robert M. GATES, Secretary of Defense, Appellee.

United States Court of Appeals, Federal Circuit.

March 19, 2008.

Attorney(s) appearing for the Case

Bruce E. Fader, Proskauer Rose LLP, of New York, NY, argued for appellant. With him on the brief was James P. Holloway, of Washington, DC.

Robert C. Bigler, 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 Donald E. Kinner, Assistant Director.

Before MAYER and BRYSON, Circuit Judges, and FOGEL, District Judge.

BRYSON, Circuit Judge.

General Injectables & Vaccines, Inc. ("GIV") appeals a decision of the Armed Services Board of Contract Appeals affirming the termination of a government contract for default. We affirm.

I

On January 14, 2004, the Defense Supply Center Philadelphia ("DSCP"), an agency within the Department of Defense, issued a solicitation requesting bids for influenza vaccine for the 2004-2005 flu season. GIV, a wholesale distributor of...

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