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KELLOGG BROWN & ROOT SERVICES, INC. v. U.S.

Nos. 2012-5106, 2012-5115.

728 F.3d 1348 (2013)

KELLOGG BROWN & ROOT SERVICES, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

September 5, 2013.

Attorney(s) appearing for the Case

John P. Elwood , Vinson & Elkin, LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Eric A. White , Tirzah S. Lollar and Craig D. Margolis.

J. Reid Prouty , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-cross appellant. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Alex P. Hontos , Trial Attorney.

Daniel P. Graham , Wiley Rein LLP, of Washington, DC, for amici curiae. With him on the brief were Nicole J. Owren-Wiest and Brian G. Walsh.

Opinion concurring-in-part, dissenting-in-part filed by Circuit Judge NEWMAN.

WALLACH, Circuit Judge.

Before the March 2003 invasion of Iraq, Kellogg Brown & Root Services, Inc. ("KBR") entered into multiple contracts with the United States Army for the provision of dining facility ("DFAC") services in Iraq. The contract at issue in this case was for DFAC services at Camp Anaconda ("Anaconda"), one of the largest United States military bases in Iraq at the time. In August 2003, KBR subcontracted with Tamimi Global Company, Ltd. ("Tamimi...

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