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VERIDYNE CORP. v. U.S.

Nos. 2013-5011, 2013-5012.

758 F.3d 1371 (2014)

VERIDYNE CORPORATION, Plaintiff-Cross-Appellant, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

July 15, 2014.

Attorney(s) appearing for the Case

Marc Lamer , Kostos and Lamer, P.C. of Philadelphia, Pennsylvania, argued for plaintiff-cross-appellant.

Robert E. Chandler , Trial Attorney, 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 , Acting Assistant Attorney General, Jeanne E. Davidson , Director, Steven J. Gillingham , Assistant Director, and Douglas T. Hoffman Trial Attorneys.

Before DYK, CLEVENGER, and WALLACH, Circuit Judges.

DYK, Circuit Judge.

Veridyne Corporation ("Veridyne") sued to recover on its contract with the government. The Court of Federal Claims ("Claims Court") held that Veridyne's contract claim was forfeited under the Forfeiture of Fraudulent Claims Act, 28 U.S.C. § 2514, also known as the Special Plea in Fraud Statute, but awarded Veridyne partial recovery under a quantum meruit theory. The government appeals the quantum meruit award. The Claims Court also awarded...

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