U.S. Court of Appeals, Federal Circuit
February 12, 1999
NEWPORT NEWS SHIPBUILDING & DRY DOCK CO., APPELLANT,
JOHN H. DALTON SECRETARY OF THE NAVY, APPELLEE.
Before Plager, Schall, and Bryson, Circuit Judges.
The opinion of the court was delivered by: Per Curiam.
NOTE: Pursuant to Fed. Cir. R. 47.6, this Disposition is not citable as precedent. It is a public record. The Disposition will appear in tables published periodically.
After a thorough review of the record and the briefs in this case, the court concludes that the result is controlled by Marquardt Co. v. United States, 822 F.2d 1573 (Fed. Cir. 1987). Appellant's efforts to distinguish Marquardt are unpersuasive. Accordingly, the decision of the Armed Services Board of Contract Appeals, Nos. 44731 and 44826 (Mar. 13, 1997), is affirmed.