Sundt Construction, Inc. v. Michael B. Donley, Secretary of the Air Force

NOTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
SUNDT CONSTRUCTION, INC.,
Appellant,
v.
MICHAEL B. DONLEY, SECRETARY OF THE AIR
FORCE,
Appellee.
____________________
2011-1603
______________________
Appeal from the Armed Services Board of Contract
Appeals in no. 57358, Administrative Judge Elizabeth M.
Grant.
______________________
JUDGMENT
______________________
BRIAN J. VELLA , Smith Pachter McWhorter PLC, of
Vienna, Virginia, argued for appellant. With him on the
brief were K ATHRYN T. M ULDOON and ERICA J. G EIBEL.
D OMENIQUE K IRCHNER , Senior Trial Counsel,
Commercial Litigation Branch, Civil Division, United
States Department of Justice, of Washington, DC, argued
for appellee. With her on the brief were TONY WEST,

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Assistant Attorney General, JEANNE E. D AVIDSON ,
Director, and BRYANT G. SNEE, Deputy Director. Of
counsel on the brief was JEFFREY P. H ILDEBRANT, Trial
Attorney, Air Force Legal Operation Agency, United
States Department of the Air Force, of Joint Base
Andrews, Maryland.
______________________
THIS CAUSE having been heard and considered, it is
O RDERED and ADJUDGED :
PER CURIAM (D YK , PROST, and O’M ALLEY, Circuit
Judges).
AFFIRMED. See Fed. Cir. R. 36.
ENTERED BY O RDER OF THE COURT
June 8, 2012 /s/ Jan Horbaly
Date Jan Horbaly
Clerk

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