United States Federal Circuit

The Armed Services Board of Contract Appeals did not err in holding that the Defense Logistics Agency breached a requirements contract, based on negligently prepared estimates as to its requirements. Seller is not entitled to anticipatory profits.

Appellate Information

• Decided 12/10/2002
• Published 12/10/2002

Judges

• Before SCHALL, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• David B. Stinson, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, filed a response to the petition for the appellant.   With him on the response were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  and Deborah A. Bynum, Assistant Director.   Of counsel on the response was Donald Tracy, Trial Attorney, Defense Supply Center, Richmond, Defense Logistics Agency, of Richmond, Virginia.


• For Appellees:
  
• Peter B. Jones,Jones & Donovan, of Newport Beach, CA, filed a combined petition for panel rehearing and rehearing en banc for the Appellee.