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RAYTHEON COMPANY v. U.S.

No. 05-448C.

RAYTHEON COMPANY, Plaintiff, v. THE UNITED STATES, Defendant.

United States Court of Federal Claims.

April 29, 2010.

Attorney(s) appearing for the Case

Karen L. Manos, Washington, DC, for plaintiff. Christyne K. Brennan, Washington, DC, of counsel.

C. Coleman Bird, Washington, DC, with whom were Assistant Attorney General Tony West, and Director Jeanne E. Davidson, for defendant. Lawrence S. Rabyne, Defense Contract Management Agency, Arlington Heights, IL, of counsel.

Richard D. Bernstein, Washington, DC, for amicus curiae General Electric Company. Howard Stanislawski, Washington, DC and Alan C. Brown, McLean, VA, of counsel.

OPINION

NANCY B. FIRESTONE, District Judge.

Pending before the court are the parties' cross-motions for partial summary judgment under Rule 56 of the Rules of the United States Court of Federal Claims ("RCFC"). At issue is whether Raytheon's post-retirement benefit ("PRB")1 costs are "pension costs" within the meaning of Cost Accounting Standard ("CAS") 412.40(a), 48 C.F.R. § 9904.412-40(a) (2010).2

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