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GEREN v. TECOM, INC.

No. 2008-1171.

566 F.3d 1037 (2009)

Pete GEREN, Secretary of the Army, Appellant, v. TECOM, INC., Appellee.

United States Court of Appeals, Federal Circuit.

May 19, 2009.

Attorney(s) appearing for the Case

Domenique Kirchner, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellant. With her on the brief were Jeanne E. Davidson, Director, and Bryant G. Snee, Trial Attorney. Of counsel on the brief was Craig S. Clarke, Deputy Chief, Contract and Fiscal Law Division, United States Army Legal Services Agency, United States Department of the Army, of Arlington, Virginia.

Jonathan M. Bailey, Bailey & Bailey, P.C., of San Antonio, TX, argued for appellee.

Opinion for the court filed by Circuit Judge DYK. Dissenting opinion filed by Circuit Judge LOURIE.

DYK, Circuit Judge.

The government appeals from the decision of the Armed Services Board of Contract Appeals ("Board") granting summary judgment in favor of Tecom, Inc., and holding that defense costs and settlement payments associated with a Title VII sexual harassment suit are allowable costs under the Federal Acquisition Regulations ("FAR"). Tecom Inc., ASBCA No. 53884, 54461, 2007 WL 2899660 (Sept. 21, 2007) ("Board Decision"). We hold that under...

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