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GATES v. RAYTHEON CO.

No. 2008-1543.

584 F.3d 1062 (2009)

Robert M. GATES, Secretary of Defense, Appellant, v. RAYTHEON COMPANY, Appellee.

United States Court of Appeals, Federal Circuit.

September 14, 2009.

Attorney(s) appearing for the Case

C. Coleman Bird, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellant. With him on the brief were Jeanne E. Davidson, Director, and Kirk T. Manhardt, Assistant Director.

Karen L. Manos, Gibson, Dunn & Crutcher LLP, of Washington, DC, argued for appellee. With her on the brief were Christyne K. Brennan and Dace A. Caldwell.

Before MAYER, LOURIE, and GAJARSA, Circuit Judges.

GAJARSA, Circuit Judge.

The issue before the court is whether Raytheon Co. was required to pay interest to the Government for a potential violation of Cost Accounting Standard 413 ("CAS 413"), 48 C.F.R. § 9904.413. The Government appeals from a decision of the Armed Services Board of Contract Appeals ("Board"), which held on summary judgment that Raytheon's potential violation of CAS 413 had not caused the Government...

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