United States Federal Circuit

An Armed Services Board of Contract Appeals decision was not final, pursuant to 28 U.S.C. - 1295(a)(10), based on the uncertainty surrounding the identity and quantum of dismissed claims, thus the appeal is dismissed for lack of jurisdiction.

Appellate Information

• Decided 06/27/2002
• Published 06/27/2002

Judges

• ARCHER, Senior Circuit Judge., Before CLEVENGER, Circuit Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Gary A. Wilson,Duane Morris LLP, of Philadelphia, Pennsylvania, argued for appellant.   With him on the brief was Salil P. Patel., Edward G. Gallagher, Wickwire Gavin, P.C., of Vienna, Virginia, argued for amicus curiae The Surety Association of America.


• For Appellees:
  
• William G. Kanellis, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for appellee.   With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  and James M. Kinsella, Deputy Director.   Of counsel on the brief was Lt. Col. Blane B. Lewis, Air Force Legal Services Agency, of Arlington, Virginia.