United States DC Circuit

Though district court erred in applying collateral estoppel to factual findings by the Transportation Board of Contract Appeals as to omissions in appellant's monthly reports, this contention was waived where appellant did not raise it in district court, and will not be heard on discretionary review.

Appellate Information

• Argued 03/08/2002
• Decided 05/03/2002
• Published 05/03/2002

Judges

• Before:  GINSBURG, Chief Judge, ROGERS and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Stephen L. Braga argued the cause for appellants.   With him on the briefs was Mark A. Miller.


• For Appellees:
  
• Michael D. Taxay, Attorney, U.S. Department of Justice, argued the cause for appellee.   With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, Douglas N. Letter, and Michael F. Hertz, Attorneys, U.S. Department of Justice.