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SECRETARY OF DEFENSE v. NORTHROP GRUMMAN CORP.

2018-1945, 2018-1990.

942 F.3d 1134 (2019)

SECRETARY OF DEFENSE, Appellant, v. NORTHROP GRUMMAN CORPORATION, Appellee. Northrop Grumman Corporation, Appellant, v. Secretary of Defense, Appellee.

United States Court of Appeals, Federal Circuit.

Decided: November 15, 2019.

Attorney(s) appearing for the Case

Daniel B. Volk , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for Secretary of Defense. Also represented by Joseph H. Hunt , Robert Edward Kirschman, Jr. , Patricia M. McCarthy ; Robert Lyn Duecaster , Contract Disputes Resolution Center, Defense Contract Management Agency, Chantilly, VA.

Donald B. Verrilli, Jr. , Munger, Tolles & Olson LLP, Washington, DC, argued for Northrop Grumman Corporation. Also represented by Ginger Anders ; Charles Baek , Stephen John McBrady , Nicole J. Owren-Wiest , Crowell & Moring LLP, Washington, DC.

Before Prost, Chief Judge, Bryson and Reyna, Circuit Judges.

The Secretary of Defense appeals a final decision of the Armed Services Board of Contract Appeals finding that the United States Government improperly disallowed certain retirement benefits costs that Northrop Grumman Corporation asserts are eligible for reimbursement. Northrop Grumman Corporation conditionally cross-appeals...

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