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RAYTHEON CO. v. U.S.

Nos. 2013-5004, 2013-5006.

747 F.3d 1341 (2014)

RAYTHEON COMPANY, Plaintiff-Cross-Appellant, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 4, 2014.

Attorney(s) appearing for the Case

Karen L. Manos, Gibson, Dunn & Crutcher LLP, of Washington, DC, argued for plaintiff-cross-appellant. With her on the brief were John W.F. Chesley and Greta B. Williams.

C. Coleman Bird, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Stuart F. Delery, Principal Deputy Assistant Attorney General, Jeanne E. Davidson, Director, and Kirk T. Manhardt, Assistant Director. Of counsel on the brief was Lawrence S. Rabyne, Attorney, Defense Contract Management Agency, of Arlington Heights, Illinois.

Richard D. Bernstein, Willkie Farr & Gallagher LLP, of Washington, DC, for amicus curiae. With him on the brief were Carter G. Phillips and Howard Stanislawski, Sidley Austin LLP, of Washington, DC.

Before REYNA, TARANTO, and CHEN, Circuit Judges.

REYNA, Circuit Judge.

This appeal concerns Raytheon Company's ("Raytheon") calculation and payment of pension fund adjustments pursuant to Cost Accounting Standard 413, 48 C.F.R. § 9904.413, following the sale of three business segments. The United States Government appeals the judgment of the Court of Federal Claims ("trial court") awarding Raytheon $59,209,967.30 as the Government's share of pension cost deficits related to two of the business segments. Raytheon...

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