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PRECISION PINE & TIMBER, INC. v. U.S.

Nos. 2008-5092, 2008-5093.

596 F.3d 817 (2010)

PRECISION PINE & TIMBER, INC., Plaintiff-Cross Appellant, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

February 19, 2010.

Attorney(s) appearing for the Case

Richard W. Goeken, Saltman & Stevens, P.C., of Washington, DC, argued for plaintiff-cross appellant. With him on the brief was Alan I. Saltman.

David A. Harrington, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Michael F. Hertz, Deputy Assistant Attorney General, Jeanne E. Davidson, Director, and Bryant G. Snee, Assistant Director.

Before MAYER, LOURIE, and PROST, Circuit Judges.

PROST, Circuit Judge.

This is a government contract case. We must decide whether the federal government's suspension of fourteen contracts breached any express or implied warranties. These fourteen contracts are between the U.S. Forest Service and Precision Pine & Timber, Inc. ("Precision Pine"), and provide for timber harvesting in Forest Service Region 3, which covers Arizona's national forests. In August 1995, the Forest Service suspended the contracts pursuant...

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