United States Federal Circuit

In an action seeking damages for unabsorbed home office overhead due to delay between award of a government contract and termination for convenience, summary judgment for the government is vacated and the case remanded to determine if plaintiff may recover unabsorbed overhead damages by a method of allocation other than the Eichleay formula.

Appellate Information

• Decided 06/10/2003
• Published 06/10/2003

Judges

• Before NEWMAN, CLEVENGER, and RADER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• James S. Ganther,Ganther Law Office, P.A., of Tampa, FL, argued for plaintiff-appellant.


• For Appellees:
  
• Allison A. Page, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were David M. Cohen, Director;  and Donald E. Kinner, Assistant Director.   Of counsel was Thomas D. Dinackus, Attorney.