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KELLOGG BROWN & ROOT SERVICES, INC. v. U.S.

No. 2013-5030.

742 F.3d 967 (2014)

KELLOGG BROWN & ROOT SERVICES, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 3, 2014.

Attorney(s) appearing for the Case

Herbert L. Fenster , McKenna Long & Aldridge LLP, of Denver, Colorado, argued for plaintiff-appellant. With him on the brief were James J. Gallagher and Phillip R. Seckman.

J. Reid Prouty , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Bryant G. Snee , Deputy Director.

Before MOORE, CLEVENGER, and REYNA, Circuit Judges.

REYNA, Circuit Judge.

Kellogg Brown & Root Services, Inc. ("KBR") appeals a decision by the United States Court of Federal Claims awarding KBR recovery of $6,779,762 out of $12,529,504 in costs incurred while providing services to the United States Army in Iraq. Kellogg Brown & Root Servs., Inc. v. United States, 107 Fed.Cl. 16 (2012). For the reasons below, we affirm.

BACKGROUND

KBR and the Army entered into Contract No. DAAA09...

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