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SYSTEMS DEVELOPMENT CORP. v. McHUGH

No. 2011-1092.

658 F.3d 1341 (2011)

SYSTEMS DEVELOPMENT CORPORATION, Appellant, v. John McHUGH, Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

September 26, 2011.

Attorney(s) appearing for the Case

Howell R. Riggs Jr. , Dick, Riggs & Miller, LLP, of Huntsville, AL, argued for the appellant. Of counsel was Timothy P. Pittman .

Jeffrey A. Regner , Trial Attorney, Civil Division, Commercial Litigation Branch, United States Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Bryant G. Snee , Deputy Director. Of counsel on the brief was Robert T. Wu , Trial Attorney, Contract and Fiscal Law Division, United States Army Legal Services Agency, United States Department of the Army, Arlington, VA.

Before NEWMAN, PROST, and O'MALLEY, Circuit Judges.

PROST, Circuit Judge.

This is an appeal from the Armed Services Board of Contract Appeals ("Board") involving Systems Development Corporation's ("SDC") monetary claims stemming from the Army's termination of SDC's contract for convenience. On February 14, 2008, SDC submitted claims to the Army's contracting officer ("CO") for: (1) termination settlement costs, and (2) equitable adjustments arising from alleged defective specifications, bad faith, and breach by the...

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