HPI/GSA 3C, LLC v. PERRY

No. 03-1252.

364 F.3d 1327 (2004)

HPI/GSA-3C, LLC, Appellant, v. Stephen A. PERRY, Administrator, General Services Administration, Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: April 12, 2004.


Attorney(s) appearing for the Case

Thomas P. McLish, Akin Gump Strauss Hauer & Feld, LLP, of Washington, DC, argued for appellant. The briefs were submitted by Scott M. Heimberg for the appellant.

Jane W. Vanneman, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With her on the brief were Peter D. Keisler, Assistant Attorney General; and David M. Cohen, Director. Of counsel on the brief was David M. Smith, Attorney, Office of General Counsel, General Services Administration, of Washington, DC.

Before NEWMAN, GAJARSA, and LINN, Circuit Judges.


Opinion of the court filed by Circuit Judge GAJARSA. Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge LINN.

Opinion for the court filed by Circuit Judge GAJARSA.

HPI/GSA-3C, LLC ("HPI"), appeals from the decision of the General Services Administration Board of Contract Appeals ("Board") finding: (1) that the term "zone" in the contract between HPI and the General Services Administration ("GSA") was ambiguous; (2) that HPI's interpretation...

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