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GARCO CONSTRUCTION, INC. v. SECRETARY OF ARMY

2016-1936.

856 F.3d 938 (2017)

GARCO CONSTRUCTION, INC., Appellant v. SECRETARY OF the ARMY, Appellee

United States Court of Appeals, Federal Circuit.

Decided: May 9, 2017.

Attorney(s) appearing for the Case

STEVEN D. MEACHAM , Peel Brimley LLP, Henderson, NV, argued for appellant.

KENNETH DINTZER , 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. , SCOTT D. AUSTIN .

Dissenting opinion filed by Circuit Judge Wallach.

Garco Construction, Inc., appeals a decision of the Armed Services Board of Contract Appeals denying Garco's damages claim arising out of its contract with the U.S. Army Corps of Engineers to build housing units on Malmstrom Air Force Base. Garco argues that a change in the base access policy prevented its subcontractor from...

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