TUG HILL CONSTRUCTION, INC. v. ARMY , No. 15-1320 (Fed. Cir. 2015)

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NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ TUG HILL CONSTRUCTION, INC., Appellant v. JOHN M. MCHUGH, SECRETARY OF THE ARMY, Appellee ______________________ 2015-1320 ______________________ Appeal from the Armed Services Board of Contract Appeals in No. 57825, Administrative Judge Timothy Paul McIlmail. ______________________ JUDGMENT ______________________ BRIAN RAYMOND DUGDALE, Varela, Lee, Metz & Guarino, LLP, Tysons Corner, VA, argued for appellant. Also represented by RAE DEANNA MUELLER. PETER ANTHONY GWYNNE, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for appellee. Also represented by BENJAMIN C. MIZER, ROBERT E. KIRSCHMAN, JR., STEVEN J. GILLINGHAM; DAWN-CAROLE HARRIS, CINDY E. SHIMOKUSU, CHARLES L. WEBSTER III, United States Army Corps of Engineers, Fort Worth, TX. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (PROST, Chief Judge, REYNA, Circuit Judge, and STARK, Chief District Judge). ∗ AFFIRMED. See Fed. Cir. R. 36. ENTERED BY ORDER OF THE COURT November 13, 2015 Date /s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court Honorable Leonard P. Stark, Chief District Judge, United States District Court for the District of Delaware, sitting by designation. ∗

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