Unpublished Dispositionalfred Bronder, Appellant, v. the United States, Appellee, 824 F.2d 980 (Fed. Cir. 1987)

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U.S. Court of Appeals for the Federal Circuit - 824 F.2d 980 (Fed. Cir. 1987) June 25, 1987

Before MARKEY, Chief Judge, SKELTON, Senior Circuit Judge, and SMITH, Circuit Judge.

SKELTON, Senior Circuit Judge.

DECISION

The decision of the Armed Services Board of Contract Appeals (ASBCA) in Alfred Bronder, ASBCA No. 29938, 86-3 B.C.A. (CCH) p 19,102, dated June 9, 1986, denying appellant's claims for recovery against the Government is affirmed.

OPINION

We affirm the decision of the Board on the basis of the Board's opinion that appellant's claims sound in tort, of which the Board has no jurisdiction under the Contract Disputes Act of 1978 (41 U.S.C. § 601 et seq.), and that appellant had failed to establish a basis for recovery against the Government.

Upon review of the record, we conclude that the Board's decision is not fraudulent, or arbitrary, or capricious, or so grossly erroneous as to necessarily imply bad faith, and that it is supported by substantial evidence. See 41 U.S.C. § 609(b).

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