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M.E.S., INC. v. U.S.

No. 10-92.

M.E.S., INC., Plaintiff, v. THE UNITED STATES, Defendant.

United States Court of Federal Claims.

June 30, 2011.

Attorney(s) appearing for the Case

Michael H. Payne , Cohen Seglias Pallas Greenhall & Furman PC, Philadelphia, Pennsylvania, Counsel for Plaintiff and Intervenor.

David Frank D'Alessandris , United States Department of Justice, Civil Division, Washington, D.C., Counsel for Defendant.

MEMORANDUM OPINION AND ORDER

SUSAN G. BRADEN, Judge.

I. RELEVANT FACTS AND PROCEDURAL HISTORY.1

On July 20, 1998, the United States Postal Service ("USPS") issued a solicitation for the construction of a new post office in Riverhead, New York (the "Riverhead P.O. Project"). USPS Compl. ¶ 9. On August 11, 1998, pursuant to the terms of the solicitation for the Riverhead P.O. Project and the Miller Act,

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