AGILITY DEFENSE & GOVERNMENT SERVICES, INC. v. US

2016-1068.

847 F.3d 1345 (2017)

AGILITY DEFENSE & GOVERNMENT SERVICES, INC., Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: February 6, 2017.


Attorney(s) appearing for the Case

WALTER BRAD ENGLISH , Maynard, Cooper & Gale, P.C., Huntsville, AL, argued for plaintiff-appellant. Also represented by EMILY J. CHANCEY , JON DAVIDSON LEVIN , JOHN ANDREW WATSON, III .

MICHAEL DUANE AUSTIN , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by BENJAMIN C. MIZER , ROBERT E. KIRSCHMAN, JR. , KENNETH M. DINTZER .

Before Moore, Wallach, and Taranto, Circuit Judges.


Agility Defense ("Agility") appeals from the Court of Federal Claims ("Claims Court")'s denial of its claim for an equitable adjustment arising out of its fixed price indefinite delivery contract with the Defense Logistics Agency ("DLA")'s Defense Reutilization and Marketing Service ("DRMS"). For the reasons discussed below...

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