United States Federal Circuit

In a dispute over a combat rations contract, the Armed Services Board of Contract Appeals' erred in invalidating one of two contract modifications between the parties on the ground that the government had breached an alleged side agreement, but the Board correctly concluded that the second modification was invalid due to duress.

Appellate Information

• Decided 05/22/2003
• Published 05/22/2003

Judges

• PER CURIAM., Before SCHALL, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Gilbert J. Ginsburg, of Washington, DC, filed a combined petition for panel rehearing and rehearing en banc for Freedom NY, Inc. Of counsel on the petition were Neil H. Ruttenberg, of Beltsville, MD;  and Shlomo D. Katz, Epstein Becker & Green, P.C., of Washington, DC., William K. Olivier, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, filed a response to the petition for the Secretary of Defense.   With him on the response was Peter D. Keisler, Assistant Attorney General;  and David M. Cohen, Director.