United States Federal Circuit

Dismissal, for lack of subject matter jurisdiction, by the Armed Services Board of Contract Appeals of a breach of contract claim against the government is reversed where the Board erred in concluding that the Contract Disputes Act (CDA) did not confer subject matter jurisdiction over a portion of plaintiff's claim.

Appellate Information

• Decided 07/17/2006
• Published 07/17/2006

Judges

• Before MICHEL, Chief Judge, NEWMAN and MAYER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Richard L. Moorhouse, Greenberg Traurig, LLP, of McLean, Virginia, argued for appellant.   With him on the brief was L. James D'Agostino.


• For Appellees:
  
• David A. Harrington, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee.   On the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Brian M. Simkin, Assistant Director, and Tara K. Hogan, Trial Attorney.   Of counsel on the brief was Craig S. Clarke, Supervisory Trial Attorney, Contract Appeals Division, Office of the Judge Advocate General, United States Department of the Army, of Arlington, Virginia.