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22ND CENTURY TECHNOLOGIES, INC. v. UNITED STATES

2022-1275.

57 F.4th 993 (2023)

22ND CENTURY TECHNOLOGIES, INC., Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee Fibertek, Inc., Defendant.

United States Court of Appeals, Federal Circuit.

Decided: January 10, 2023.

Attorney(s) appearing for the Case

Walter Brad English , Maynard, Cooper & Gale, PC, Huntsville, AL, argued for plaintiff-appellant. Also represented by Emily J. Chancey , Nicholas Patrick Greer , Mary Ann Hanke , Jon Davidson Levin ; Joshua B. Duvall , Washington, DC.

Mikki Cottet , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Brian M. Boynton , William James Grimaldi , Patricia M. McCarthy ; Dana J. Chase , Jason Coffey , Contract Litigation and Intellectual Property Division, United States Army Legal Service Agency, Fort Belvoir, VA; Christopher McClintock , Office of Litigation, United States Small Business Administration, Washington, DC.

Before Lourie, Dyk, and Hughes, Circuit Judges.

22nd Century Technologies, Inc. ("22nd Century") appeals a decision of the Court of Federal Claims ("Claims Court") holding that the Claims Court lacked jurisdiction to review 22nd Century's challenge to a size determination made by the U.S. Small Business Association ("SBA") Office of Hearings and Appeals ("OHA"). Because OHA...

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