United States Federal Circuit

Plaintiff-contractor's suit, seeking damages based on a claim of constructive acceleration, is dismissed where plaintiff failed to prove that the government constructively accelerated its performance.

Appellate Information

• Decided 09/27/2004
• Published 09/27/2004

Judges

• BRYSON, Circuit Judge., Before NEWMAN, MICHEL, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Richard G. Jensen, Fabyanske, Westra & Hart, P.A., of Minneapolis, MN, argued for plaintiff-appellant.   With him on the brief was Marvin T. Fabyanske.


• For Appellees:
  
• Thomas B. Fatouros, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   On the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Deborah A. Bynum, Assistant Director, and James M. Meister, Trial Attorney.