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CONNER BROS. CONST. CO., INC. v. GEREN

No. 2008-1188.

550 F.3d 1368 (2008)

CONNER BROS. CONSTRUCTION COMPANY, INC., Appellant, v. Pete GEREN, Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

December 31, 2008.

Attorney(s) appearing for the Case

Joseph C. Staak, Smith, Currie & Hancock LLP, of Atlanta, GA, argued for appellant.

Lauren S. Moore, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With her on the brief were Gregory G. Katsas, Assistant Attorney General, Jeanne E. Davidson, Director, and Donald E. Kinner, Assistant Director. Of counsel on the brief was Henry R. Richmond, Deputy District Counsel, United States Army Corps of Engineers, of Savannah, Georgia.

Before BRYSON, GAJARSA, and DYK, Circuit Judges.

BRYSON, Circuit Judge.

Conner Bros. Construction Company, Inc., a construction contractor doing work for the Army Corps of Engineers, sought delay damages after it was denied access to its construction site on a military base for 41 days following the terrorist attacks of September 11, 2001. The Armed Services Board of Contract Appeals denied Conner's claim on the ground that the sovereign acts doctrine shielded the Army from liability. We agree with the Board that...

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