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DG21, LLC v. MABUS

No. 2015-1830.

819 F.3d 1358 (2016)

DG21, LLC, Appellant v. Raymond E. MABUS, Secretary of the Navy, Appellee.

United States Court of Appeals, Federal Circuit.

May 6, 2016.

Attorney(s) appearing for the Case

John C. Dulske , Law Offices of Dulske & Gluys, P.C., San Antonio, TX, argued for appellant. Also represented by Joan Kelley Fowler Gluys.

Domenique Grace Kirchner , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for appellee. Also represented by Benjamin C. Mizer , Robert E. Kirschman, Jr. , Martin F. Hockey, Jr. ; Russell Shultis , Office of Litigation, United States Navy, Washington, DC.

Before PROST, Chief Judge, NEWMAN and LOURIE, Circuit Judges.

DG21, LLC ("DG21") appeals from the decision of the Armed Services Board of Contract Appeals (the "Board") denying an appeal from the final decision of the contracting officer ("CO") denying DG21 an equitable adjustment to account for escalated fuel costs under a government contract. See DG21, LLC, ASBCA No. 57980,...

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