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K-CON, INC. v. SECRETARY OF ARMY

2017-2254.

908 F.3d 719 (2018)

K-CON, INC., Appellant v. SECRETARY OF the ARMY, Appellee.

United States Court of Appeals, Federal Circuit.

Decided: November 5, 2018.

Attorney(s) appearing for the Case

ROBERT J. SYMON , Bradley Arant Boult Cummings LLP, Washington, DC, argued for appellant. Also represented by ARON C. BEEZLEY .

JESSICA R. TOPLIN , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for appellee. Also represented by JOSEPH H. HUNT , ROBERT E. KIRSCHMAN, JR. , STEVEN J. GILLINGHAM .

Before Reyna, Bryson, and Stoll, Circuit Judges.

K-Con, Inc. and the Army entered into two contracts for pre-engineered metal buildings. The Armed Services Board of Contract Appeals ("Board") held that bonding requirements were included in the contracts by operation of law at the time they were awarded, pursuant to the Christian doctrine.1

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