BOEING CO. v. U.S.

2019-2148.

968 F.3d 1371 (2020)

The BOEING COMPANY, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: August 10, 2020.


Attorney(s) appearing for the Case

Michael W. Kirk , Cooper & Kirk, PLLC, Washington, DC, argued for plaintiff-appellant. Also represented by Charles J. Cooper , John David Ohlendorf ; Suzette Derrevere , The Boeing Company, Arlington, VA; Seth Locke , Perkins Coie, LLP, Washington, DC.

Erin Murdock-Park , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Ethan P. Davis , Elizabeth Marie Hosford , Robert Edward Kirschman, Jr.

Before Moore, Taranto, and Chen, Circuit Judges.


From 1992 to 2015, the Boeing Company entered into numerous contracts with the United States Department of Defense, among them the contract at issue in this case. In 2011, Boeing permissibly changed multiple cost accounting practices simultaneously; some of the changes raised costs to the government, whereas others lowered...

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