United States v. Newport News Shipbuilding & Dry Dock Co.
Court of Appeals for the Federal Circuit
1Opinion of the Court
MICHEL, Circuit Judge.
The United States appeals the decision of the Armed Services Board of Contract Appeals (“Board”), Appeal of Newport News Shipbuilding and Dry Dock Co., ASBCA No. 36751, 1990 WL 57424 (Apr. 26, 1990), granting summary judgment to appellee, Newport News Shipbuilding and Dry Dock Company (“Newport News”), and holding that it had subject matter jurisdiction to entertain Newport News’ contract claim. As to jurisdiction, the Board based its decision on the ground that the government failed to create a genuine issue of material fact, precluding summary judgment on the merits,…
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