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ENGAGE LEARNING, INC. v. SALAZAR

No. 2011-1007.

660 F.3d 1346 (2011)

ENGAGE LEARNING, INC., Appellant, v. Ken SALAZAR, Secretary of the Interior, Appellee.

United States Court of Appeals, Federal Circuit.

October 5, 2011.

Attorney(s) appearing for the Case

Ellis B. Freatman, III , Roberts & Freatman, of Ypsilanti, MI, argued for appellant.

Jane W. Vanneman , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With her on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Brian M. Simkin , Assistant Director. Of counsel on the brief were Sarah T. Zaffina and Aaron S. Lax , United States Department of Interior, of Washington, DC.

Before RADER, Chief Judge, and LOURIE and O'MALLEY, Circuit Judges.

O'MALLEY, Circuit Judge.

Engage Learning, Inc. ("Engage") appeals from a decision of the Civilian Board of Contract Appeals ("the Board") dismissing its appeal for lack of subject matter jurisdiction. The Board held that it did not have jurisdiction under the Contract Disputes Act of 1978 ("CDA"), 41 U.S.C. § 601 et seq., because Engage failed to establish that it had a contract with the government for the unpaid services. Engage

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