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CSI AVIATION v. DEPARTMENT OF HOMELAND SECURITY

2021-1630.

31 F.4th 1349 (2022)

CSI AVIATION, INC., Appellant v. DEPARTMENT OF HOMELAND SECURITY, General Services Administration, Appellees.

United States Court of Appeals, Federal Circuit.

Decided: April 14, 2022.

Attorney(s) appearing for the Case

Jason Nicholas Workmaster , Miller & Chevalier Chartered, Washington, DC, argued for appellant. Also represented by Elizabeth J. Cappiello , Laura G. Ferguson , Alejandro Luis Sarria .

In Kyu Cho , Civil Division, Commercial Litigation Branch, United States Department of Justice, Washington, DC, argued for all appellees. Also represented by Brian M. Boynton , Martin F. Hockey, Jr. , Patricia M. McCarthy . Appellee Department of Homeland Security also represented by Cassandra Maximous , Andrew Wagner , Office of the Principal Legal Advisor, United States Department of Homeland Security, Washington, DC. Appellee General Services Administration also represented by Sarah Park , United States General Services Administration, Washington, DC.

Before Newman, Dyk, and Hughes, Circuit Judges.

This is a government contract case in which CSI Aviation, Inc. seeks payment from the Department of Homeland Security for flight cancellation charges, totaling $40,284,548.89, that CSI contends it is owed under the Schedule Contract. CSI appeals the decision of the Civilian Board of Contract Appeals holding that the CSI Terms...

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