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KELLOGG BROWN & ROOT SERVICES v. SECRETARY OF ARMY

2019-1683.

973 F.3d 1366 (2020)

KELLOGG BROWN & ROOT SERVICES, INC., Appellant v. SECRETARY OF THE ARMY, Appellee.

United States Court of Appeals, Federal Circuit.

Decided: September 1, 2020.

Attorney(s) appearing for the Case

Edward Sanderson Hoe , Covington & Burling LLP, Washington, DC, argued for appellant. Also represented by Raymond B. Biagini , Herbert L. Fenster ; Alejandro Luis Sarria , Jason Nicholas Workmaster , Miller & Chevalier Chartered, Washington, DC.

David W. Tyler , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for appellee. Also represented by Ethan P. Davis , Russell B. Kinner , William James Grimaldi , Robert Edward Kirschman, Jr. , Patricia M. McCarthy , Michal L. Tingle , Andy J. Mao , Patrick Klein, II ; Carol Matsunaga , Defense Contract Management Agency, Carson, CA; Kara Klaas, Chantilly, VA.

Dissenting opinion filed by Circuit Judge Newman.

Kellogg Brown and Root Services, Inc. ("KBR") contracted with the government to provide trailers to house coalition personnel at military camps in Iraq. KBR claimed that the government breached the contract by failing to provide "force protection" to the trucks delivering the trailers to the military camps. KBR sought to recover...

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