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TIP TOP CONST., INC. v. DONAHOE

No. 2011-1509.

695 F.3d 1276 (2012)

TIP TOP CONSTRUCTION, INC., Appellant, v. Patrick R. DONAHOE, Postmaster General, Appellee.

United States Court of Appeals, Federal Circuit.

September 19, 2012.

Attorney(s) appearing for the Case

Michael A. Gordon , Michael A. Gordon, PLLC, of Washington, DC, argued for the appellant.

David A. Harrington , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, 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.

Before RADER, Chief Judge, MAYER, and SCHALL, Circuit Judges.

SCHALL, Circuit Judge.

Tip Top Construction, Inc. ("Tip Top") appeals the final decision of the Postal Service Board of Contract Appeals ("PSBCA" or "Board") granting-in-part and denying-in-part Tip Top's appeal under the Contract Disputes Act of 1978, as amended ("CDA"), 41 U.S.C. §§ 7101-7109. Tip Top Constr., Inc., PSBCA No. 6351, 11-1 B.C.A. ¶ 34,726, 2011 WL 1226107 (Apr. 1, 2011) ("Board Decision"). In its decision, the PSBCA ruled...

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