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ATK THIOKOL, INC. v. U.S.

No. 2009-5036.

598 F.3d 1329 (2010)

ATK THIOKOL, INC. (now known as ATK Launch Systems Inc.), Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 19, 2010.

Attorney(s) appearing for the Case

Thomas A. Lemmer, McKenna Long & Aldridge LLP, of Denver, CO, argued for plaintiff-appellee. With him on the brief was Phillip R. Seckman.

Robert E. Chandler, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Donald E. Kinner, Assistant Director. Of counsel on the brief was Douglas R. Jacobson, Defense Contract Management Agency, Contract Disputes Center, of Ft. Snelling, MN. Of counsel was James W. Porier, Trial Attorney, of Washington, DC.

Stephen D. Knight, Smith Pachter McWhorter P.L.C., of Vienna, VA, for amicus curiae Committee on Government Business of Financial Executives International.

David A. Churchill, Jenner & Block LLP, of Washington, DC, for amicus curiae National Defense Industrial Association. Of counsel on the brief were Kevin C. Dwyer, Jessie K. Liu, and Michael A. Hoffman.

Before BRYSON, ARCHER, and MOORE, Circuit Judges.

BRYSON, Circuit Judge.

I

ATK Thiokol, Inc., manufactures rocket motors for government and commercial buyers. One of its products is the Castor family of solid rocket motors, which are "strap-on" motors designed to attach to a launch vehicle and provide additional thrust. In the 1990s, ATK began developing the Castor IVA-XL rocket. In 1995, ATK announced that it was closing the Huntsville, Alabama, plant where it had previously built the Castor IVA-XL motor...

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