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WINTER v. CATH-DR/BALTI JOINT VENTURE

No. 2006-1359.

497 F.3d 1339 (2007)

Donald C. WINTER, Secretary of the Navy, Appellant, v. CATH-DR/BALTI JOINT VENTURE, Appellee.

United States Court of Appeals, Federal Circuit.

August 17, 2007.

Attorney(s) appearing for the Case

Devin A. Wolak, Trial Attorney, Commercial Litigation Branch, Civil Division United States Department of Justice, of Washington, DC, argued for the appellant. On the brief were Peter D. Keisler, Assistant Attorney General, Deborah A. Bynum, Assistant Director, and Andrew P. Averbach, Attorney.

Douglas C. Proxmire, Patton Boggs, LLP., of Washington DC., argued for appellee. With him on the brief was Michael J. Schaengold.

Before LOURIE, PROST, and MOORE, Circuit Judges.

Opinion for the court filed by Circuit Judge MOORE. Opinion dissenting-in-part filed by Circuit Judge PROST.

MOORE, Circuit Judge.

The Secretary of the Navy (Navy) appeals the decision of the Armed Services Board of Contract Appeals (Board) finding in favor of Cath-dr/Balti Joint Venture (Cath) on 13 of 37 claims for an equitable adjustment in contract price. Cathdr/Balti Joint Venture, ASBCA Nos. 53581, 54239...

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