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MINESEN CO. v. McHUGH

No. 2010-1453.

671 F.3d 1332 (2012)

The MINESEN COMPANY, Appellant, v. John McHUGH, Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

March 2, 2012.

Attorney(s) appearing for the Case

Sandra B. Wick Mulvany , McKenna Long & Aldridge LLP, of Denver, Colorado, argued for appellant. With her on the brief were Thomas A. Lemmer and Joseph G. Martinez, III.

James Sweet , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Kirk Manhardt , Assistant Director. Of counsel on the brief were Scott N. Flesch and Erica Beardsley , Trial Attorneys, United States Army Litigation Center, Contract Appeals Division, of Arlington, Virginia.

Dissenting opinion filed by Circuit Judge BRYSON.

REYNA, Circuit Judge.

The Minesen Company ("Minesen") appeals the final decision of the Armed Services Board of Contract Appeals ("ASBCA" or "Board") which granted the motion to dismiss of the United States Army's Morale, Welfare, and Recreation Fund ("the Fund"). Minesen has been under contract with the Fund since 1993 to build and operate a hotel facility at a military base on Oahu Island, Hawaii. With eighteen years remaining on the agreement, the ASBCA determined...

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