United States Federal Circuit

The decision of the Armed Services Board of Contract Appeals holding that Defense Logistics Agency (DLA) breached its requirements contract with defendant is affirmed, where the DLA failed to inform defendant that the estimates in the RFP were inaccurate.

Appellate Information

• Decided 04/02/2003
• Published 04/02/2003

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.