United States Federal Circuit

In a matter arising from the Air Force's termination for convenience of a contract with plaintiff to provide computers because plaintiff lost its status as a small entity favored under section 8(a) of the Small Business Act, a judgment terminating plaintiff's obligation to provide warranty and upgrade services but denying its claim for termination costs is reversed in part where 15 U.S.C. section 637(a)(21)(A) does not terminate plaintiff's warranty and upgrade services obligations.

Appellate Information

• Decided 06/27/2007
• Published 06/27/2007

Judges

• RADER, Circuit Judge., Before LOURIE, RADER, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Edward J. Tolchin, Fettmann, Tolchin & Majors, P.C., of Fairfax, VA, argued for plaintiff-appellant.


• For Appellees:
  
• Allison Kidd-Miller, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-cross appellant.   With her on the brief were Peter D. Keisler, Assistant Attorney General, and Deborah A. Bynum, Assistant Director.   Of counsel on the brief were E. Michael Chiaparas, Director, Contract Disputes Resolution Center, Defense Contract Management Agency, of Manassas, VA, and John T. Lauro, Trial Attorney, Commercial Litigation Division, Air Force Legal Services Agency, of Arlington, VA.