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MABUS v. GENERAL DYNAMICS C4 SYSTEMS, INC.

Nos. 2009-1550, 2009-1560.

633 F.3d 1356 (2011)

Raymond E. MABUS, Secretary of the Navy, Appellant, v. GENERAL DYNAMICS C4 SYSTEMS, INC., Appellee. General Dynamics C4 Systems, Inc., Appellant, v. Raymond E. Mabus, Secretary of the Navy, Appellee.

United States Court of Appeals, Federal Circuit.

February 4, 2011.

Attorney(s) appearing for the Case

David A. Harrington , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for Secretary of the Navy. With him on the brief were TONY WEST , Assistant Attorney General, Jeanne E. Davidson , Director, and Brian M. Simkin , Assistant Director.

Elaine J. Goldberg , Jenner & Block LLP, of Washington, DC, argued for General Dynamics C4 Systems, Inc. With her on the brief was Jessica Ring Amunson . Of counsel was Matthew E. Price .

Dissenting opinion filed by Circuit Judge NEWMAN.

MOORE, Circuit Judge.

Appellant Raymond E. Mabus, Secretary of the Navy (Navy) appeals the final judgment of the Armed Services Board of Contract Appeals (Board) holding that General Dynamics C4 Systems, Inc. (General Dynamics) is entitled to damages. Because the Board abused its discretion by denying the Navy's equitable estoppel defense, we reverse.

BACKGROUND

On September 4, 1998, the Navy entered into...

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