WINTER v. FLOORPRO, INC.

No. 2008-1407.

570 F.3d 1367 (2009)

Donald C. WINTER, Secretary of the Navy, Appellant, v. FLOORPRO, INC., Appellee.

United States Court of Appeals, Federal Circuit.

June 26, 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 Michael F. Hertz, Acting Assistant Attorney General, and Jeanne E. Davidson, Director. Of counsel on the brief was Pamela Nestell, Senior Trial Attorney, NAVFAC Litigation Headquarters, United States Department of the Navy, of Washington, DC.

James S. DelSordo, Argus Legal, LLC, of Manassas, VI, argued for appellee.

Before MICHEL, Chief Judge, LOURIE and PROST, Circuit Judges.


PROST, Circuit Judge.

In this case, we are presented with the question of whether the Contract Disputes Act of 1978 ("CDA") gives the Armed Services Board of Contract Appeals ("Board") jurisdiction over a claim against the government brought by a subcontractor that is a third-party beneficiary of a contract between the government and the prime contractor. For the reasons stated below, we hold that it does not.

I. BACKGROUND

On February 6, 2002, the...

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