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SECRETARY OF DEFENSE v. RAYTHEON CO.

2021-2304.

56 F.4th 1337 (2023)

SECRETARY OF DEFENSE, Appellant, v. RAYTHEON COMPANY, Raytheon Missile Systems, Appellees.

United States Court of Appeals, Federal Circuit.

Decided: January 3, 2023.

Attorney(s) appearing for the Case

Daniel B. Volk , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for appellant. Also represented by Michael Granston , Patricia M. Mccarthy ; Alexander Martin Healy , Contract Disputes Resolution Center, Defense Contract Management Agency, Hanscom Air Force Base, MA.

John William Chesley , Gibson, Dunn & Crutcher LLP, Washington, DC, argued for appellees. Also represented by Lindsay Miriam Paulin , Amir C. Tayrani ; Dhananjay S. Manthripragada , Los Angeles, CA; Nicole Owren-wiest , Erin Nicole Rankin , Crowell & Moring LLP, Washington, DC.

Douglas W. Baruch , Morgan, Lewis & Bockius LLP, Washington, DC, for amici curiae Aerospace Industries Association, National Association of Manufacturers. Also represented by William Barron Arbuthnot Avery , Jennifer M. Wollenberg ; Sheila A. Armstrong , Dallas, TX; Catherine Lynn Eschbach , Houston, TX. Amicus curiae Aerospace Industries Association also represented by Matthew F. Hall , Dunaway & Cross, PC, Washington, DC.

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

The Secretary of Defense ("Secretary") appeals an Armed Services Board of Contract Appeals ("Board") decision rejecting the government's claim that Raytheon Co. ("Raytheon") included unallowable costs in its final indirect-cost proposals for 2007 and 2008. We conclude that the Board erred in interpreting Raytheon's corporate...

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