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ZAFER CONST. CO. v. UNITED STATES

2021-1547.

40 F.4th 1365 (2022)

ZAFER CONSTRUCTION COMPANY, aka Zafer Taahhut Insaat Ve Ticaret A.S., Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: July 18, 2022.

Attorney(s) appearing for the Case

Abraham Gdanski , Gdanski Law PC, Teaneck, NJ, argued for plaintiff-appellant. Also represented by Sam Gdanski .

Robert R. Kiepura , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Brian M. Boynton , Steven John Gillingham , Martin F. Hockey, Jr .

Before Newman, Reyna, and Hughes, Circuit Judges.

Zafer Construction Company appeals a decision of the United States Court of Federal Claims dismissing Zafer's complaint for failing to state a cause of action under Court of Federal Claims Rule 12(b)(6). The Court of Federal Claims determined that Zafer's request for equitable adjustment is not a claim under the Contract Disputes...

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