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BELL/HEERY v. U.S.

No. 2013-5002.

739 F.3d 1324 (2014)

BELL/HEERY, A Joint Venture, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 7, 2014.

Attorney(s) appearing for the Case

Robert D. Windus , Moore & Lee, LLP, of McLean, VA, argued for plaintiff-appellant. With him on the brief was Richard O'Shea Wolf .

Ellen M. Lynch , Trial Attorney, Commercial Litigation Branch, Civil Division, of Washington, DC, argued for defendant-appellee. On the brief were Stuart F. Delery , Principal Deputy Assistant Attorney General, Jeanne E. Davidson , Director, Harold D. Lester, Jr. , Assistant Director, and Devin A. Wolak , Trial Attorney.

Dissenting opinion filed by Circuit Judge MAYER.

REYNA, Circuit Judge.

Bell/Heery, a Joint Venture ("BH"), appeals from the decision of the United States Court of Federal Claims dismissing its complaint for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) of the Rules of United States Court of Federal Claims ("RCFC"). See Bell/Heery v. United States, 106 Fed. Cl. 300 (2012) ("CFC Decision"). Because BH has failed to set forth facts sufficient to state a viable claim...

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