Wesleyan Company, Inc. v. Francis J. Harvey, Secretary of the Army
Court of Appeals for the Federal Circuit
1Opinion of the Court
Opinion for the court filed by Chief Judge MICHEL.
Dissenting opinion filed by Circuit Judge NEWMAN.
MICHEL, Chief Judge.
Wesleyan Company, Inc. (‘Wesleyan”) appeals the decision of the Armed Services Board of Contract Appeals (“Board”) dismissing for lack of subject matter jurisdiction its breach of contract claim against the United States. Wesleyan Co., ASBCA No. 53896, 05-1 BCA P32,950, 2005 WL 1006866 (April 22, 2005). Because the Board erred in concluding that the Contract Disputes Act of 1978, § 3(a), 41 U.S.C. § 602(a) (“CDA”), does not confer subject matter jurisdiction over a portion of…
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