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FMC CORP. v. U.S.

Appeal No. 87-1423.

853 F.2d 882 (1988)

FMC CORPORATION, Appellant, v. UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

August 5, 1988.

Attorney(s) appearing for the Case

Lane L. McVey, McKenna, Conner & Cuneo, Washington, D.C., for appellant. Also on the brief was William W. Warren, FMC Corporation, Minneapolis, Minn.

Eric L. Miller, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., for appellee. With him on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Mary Mitchelson, Asst. Director. Also on the brief was Eunice W. Andrews, Office of General Counsel, Dept. of the Navy, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, BALDWIN, Senior Circuit Judge, and NIES, Circuit Judge.

NIES, Circuit Judge.

FMC Corporation appeals the decision of the Armed Services Board of Contract Appeals (ASBCA), FMC Corporation, ASBCA No. 30,130, 87-2 B.C.A. (CCH) ¶ 19,791 at 100,133 (April 30, 1987), which denied FMC's claim seeking to recover litigation expenses, incurred in connection with a particular government contract, as indirect costs allocable to other government contracts. Jurisdiction over FMC's appeal, brought pursuant to the Contract...

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