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SUPREME FOODSERVICE v. DIR. OF DEFENSE LOGISTICS

2021-1965.

54 F.4th 1362 (2022)

SUPREME FOODSERVICE GMBH, Appellant v. DIRECTOR OF the DEFENSE LOGISTICS AGENCY, Appellee.

United States Court of Appeals, Federal Circuit.

Decided: December 5, 2022.

Attorney(s) appearing for the Case

John Prairie , Wiley Rein LLP, Washington, DC, argued for appellant. Also represented by James Ryan Frazee .

P. Davis Oliver , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for appellee. Also represented by Brian M. Boynton , Patricia M. McCarthy .

Before Moore, Chief Judge, Prost and Hughes, Circuit Judges.

Supreme Foodservice GmbH appeals an Armed Services Board of Contract Appeals decision concluding that Supreme's contract claims against the government were barred by Supreme's prior material breach. Supreme argues that the government waived its prior material breach defense and seeks Contract Disputes Act interest on money...

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