Legal Opinion

McHugh v. DLT Solutions, Inc.

Court of Appeals for the Federal Circuit

Decided September 23, 2010No. 2009-1536PublishedCited by 23 opinions

1Opinion of the Court

LOURIE, Circuit Judge.

The Secretary of the Army appeals from the final decision of the Armed Services Board of Contract Appeals holding that the government breached a non-substitution clause of a delivery order awarded to DLT Solutions, Inc. (“DLT”). Appeals of DLT Solutions, Inc., ASBCA No. 54812, 09-1 BCA ¶ 34067 (“Board Opinion”). Because we determine that under a proper interpretation of the contract, the government did not replace the contracted-for software following the termination of its contract with DLT, and hence did not breach the contract, we reverse the Board’s decision.

BACKGROUN…

2Cases cited8 opinions

  1. McAbee Construction, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1996
  2. Hercules Incorporated v. United StatesCourt of Appeals for the Federal Circuit · 2002
  3. Lockheed Martin Ir Imaging Systems, Inc. v. Togo D. West, Jr., Secretary of the ArmyCourt of Appeals for the Federal Circuit · 1997
  4. Textron Defense Systems v. Sheila E. Widnall, Secretary of the Air ForceCourt of Appeals for the Federal Circuit · 1998
  5. Caldwell & Santmyer, Inc. v. Dan Glickman, Secretary of AgricultureCourt of Appeals for the Federal Circuit · 1995

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3Cited by23 opinions

  1. Armour of America v. United StatesUnited States Court of Federal Claims · 2011
  2. Seven Resorts, Inc. v. United StatesUnited States Court of Federal Claims · 2013
  3. Stathis v. United StatesUnited States Court of Federal Claims · 2015
  4. Cavalier Telephone, LLC v. Verizon Virginia Inc.District Court, E.D. Virginia · 2002
  5. Coffee Connections, Inc. v. United StatesUnited States Court of Federal Claims · 2013

18 more not listed; retrieve them via the Exa API.

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