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NORTHROP GRUMMAN INFORMATION TECHNOLOGY v. U.S.

No. 2008-5003.

535 F.3d 1339 (2008)

NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 5, 2008.

Attorney(s) appearing for the Case

Michael E. Geltner, Geltner & Associates, P.C., of Falls Church, Virginia, argued for plaintiff-appellant.

J. Reid Prouty, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Donald E. Kinner, Assistant Director.

Opinion for the court filed by Chief Judge MICHEL. Circuit Judge NEWMAN concurs in the result.

MICHEL, Chief Judge.

This is a government contract case. It arises because Logicon, Inc., now known as Northrop Grumman Information Technology, Inc. ("Northrop"), acted as a middleman between a software developer and the United States Army. Logicon purchased certain software from the developer and then leased it to the military, effecting the lease by way of a delivery order under a pre-existing contract between Logicon and the United States Air Force.

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