· 6/28/1996
Case, Incorporated v. United States
Citations
- 88 F.3d 1004
- 40 Cont. Cas. Fed. 76,945
- 1996 U.S. App. LEXIS 15858
- 1996 WL 368745
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the claims in that dispute were not the same because they were “separate and distinct”
- holding jurisdiction was appropriate based upon fact that two cases arose from same set of facts and circumstances “[did] not alter fact that the two cases involved different claims”
- explaining that Sharman applied when two claims “involved precisely ‘the same money ”
- noting that unless the contractor has received a final decision from the contracting officer, jurisdiction does not attach for a CDA claim until “at least 60 days have passed since the date the claim was submitted for a decision”
- noting that the claim in the pending litigation identified $2.8 million as monetary relief, whereas the claim later presented to the contracting officer sought recovery “over and above” the amount sought in the pending litigation of an additional $1.8 million
- distinguishing critical fact in Sharman that contractor’s initial claim and government’s subsequent conduct were “mirror images” of same claim
Source: CourtListener parenthetical corpus (CC0).
Judges: Mayer, Plager, Schall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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