Agility Public Warehousing Co. KSCP v. Mattis
Court of Appeals for the Federal Circuit
1Opinion of the Court
O’MALLEY, Circuit Judge.
Agility Public Warehousing Co. KSCP (“Agility”) appeals from a decision of the Armed Services Board of Contract Appeals (“the Board”) finding that the government did not breach the terms of a supply contract with Agility. See Pub. Warehousing Co., ASBCA No. 56022, 15-1 BCA ¶ 36,062, 2015 WL 4978182. In its decision, the Board stated that it “need not decide whether the government constructively changed contract performance or whether it breached its implied duty of cooperation” because “whether the government breached the contract comes down to contract…
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