Shipco General, Incorporated, Appellant, v. the United States, Appellee, 914 F.2d 270 (Fed. Cir. 1990)

Shipco General, Inc., appeals under 28 U.S.C. § 1295(a) (10) (1988), from a decision of the Armed Services Board of Contract Appeals dated September 26, 1989, granting partial summary judgment in favor of the government in connection with Shipco's claim for termination settlement costs. The government's brief raised the issue that section 1295(a) (10) does not afford jurisdiction to entertain the instant appeal. That section provides for jurisdiction:

of an appeal from a final decision of an agency board of contract appeals pursuant to section 8(g) (1) of the Contract Disputes Act of 1978 (41 U.S.C. 607(g) (1)).

The government maintains that Shipco is attempting to appeal from a non-final interlocutory order. Shipco filed no reply brief and declined to file a response to the jurisdictional question raised by the government although requested to do so by the court.

The question of jurisdiction having been considered, we conclude that the subject decision of the board is not appealable under Sec. 1295(a) (10). See Teller Environmental Sys. v. United States, 802 F.2d 1385 (Fed. Cir. 1986). Accordingly, the appeal is dismissed without prejudice for lack of jurisdiction.

Costs

Costs are awarded to the United States.