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DISTRIBUTED SOLUTIONS, INC. v. U.S.

No. 2007-5145.

539 F.3d 1340 (2008)

DISTRIBUTED SOLUTIONS, INC., and STR, L.L.C., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 28, 2008.

Attorney(s) appearing for the Case

Thomas A. Coulter, LeClairRyan, of Richmond, VA, argued for plaintiffs-appellants.

Sean M. Dunn, 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 Harold D. Lester, Jr., Assistant Director.

Before LOURIE, Circuit Judge, CLEVENGER, Senior Circuit Judge, and MOORE, Circuit Judge.

MOORE, Circuit Judge.

Plaintiffs-appellants Distributed Solutions, Inc. (DSI) and STR, L.L.C. (STR) (collectively, the contractors) appeal the dismissal of their complaint by the United States Court of Federal Claims. For the reasons set forth below, we reverse the dismissal for lack of jurisdiction and remand for proceedings consistent with this opinion.

BACKGROUND

This case arises from a dispute related to the procurement of software for the Joint...

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