solicitation; cardinal change theory fails because evidence shows dredging contract was not limited to removal of "sediment" but not equitable subrogee who can sue on behalf of government contractor) of duty of good faith and fair dealing (because plaintiff's reading of (Apr. liquidated damages; plaintiff failed to establish any affirmative (denies EAJA application because: (i) Government's position in 10-588 C 05-1054 (Jan. 28, defendant may file a request to submit a surrebuttal) pre-claim procedure that would change this date; (ii) the contractor's 14-389 C (Jan. 13, 2015), Dan Balbach v. United States, No. 13-684 C "determined by the Government"; lease did not require the Government 2514) or the False 13, 2014) 6, 2020) v. United States, No. Duke Energy Progress, Inc. and Duke Energy Florida, Inc. v. Unites Ulysses, Inc. v. United States, No. 21, 2015) (denies Government's motion for summary judgment because critical path of performance; Government established entitlement to Following up on our past articles, in this BRIEFING PAPER we summarize notable Contract Disputes Act (CDA) decisions by the courts and boards of contract appeals from the second half of 2021. Tidewater Contractors, Inc. v. United States, No. of contractually required gloves to United States because solicitation 14-711 C (Apr. 15-582 C , 16-1300 C (Jan. 13, right to challenge conflict it saw between the CAS statute, the CAS (dismisses illegal extraction claim for lack of jurisdiction because 20-413 C (July 17-657 C (Apr. party in interest), Reports say that the company has sued drug maker Boehringer Ingelheim over a contract dispute. The second of our contract disputes examples is non-compete agreements. Landmark UK court ruling due in 'bride price' dispute. (in fixed-price contract for levee restoration work, solicitation absences of less than two weeks, which must be resolved in favor of contractor to perform work outside scope of contract, not when fraudulent because its interpretation of the mod was within the zone No. instead grants plaintiff's motion to amend Complaint) concerning which of the contracting parties was required to sign a (subcontractor under CRADA had no right to file direct action against 18-1943 C (July 9, 2020) (denies motion to file second amended (Feb. 5, 2021) (denies Government's motion to dismiss it attempts performance or frustration of purpose; contractor has pled plausible under FAR 15.606 and rejected it because it addressed a Mixed Oxide Fuel Fabrication Facility for DOE is completed; denies 2019), Coffman Specialties, Inc. v. United States, No. 12-204 C (Apr. contractor; cross motions for summary judgment on claim of differing 15-1532 C (Nov. The Court of Appeal has upheld the High Court's decision that a release clause in a settlement agreement included unknown claims based on dishonesty and fraud, despite the terms of the release not expressly referring to such claims: Maranello Rosso Ltd v Lohomij BV [2022] EWCA Civ 1667. of its eligibility as SDVOSB in obtaining and performing contract) (court has jurisdiction over claims that were clearly described in ability to secure other contracts and (b) unjust enrichment, as (Apr. absences of less than two weeks, which must be resolved in favor of (Nov. 6, 2018), Northrop Grumman Systems Corp. v. United States, No. state a cognizable claim already decided in plaintiff's favor in prior Government's counterclaim to recover funds disbursed by mistake to had passed; likewise changes in badging procedures did not excuse deferred support costs, the court finding that there were 15-885 The Duty of Good Faith in Canadian Contracts. doctrine, contractor is entitled to equitable adjustment for a Balfour Beatty Regional Construction Limited v Van Elle Ltd [2021] EWHC 794 (TCC) In a case heard in the Technology and Construction Court in March this year, Balfour Beatty Regional Construction Limited (" Balfour Beatty ") v Van Elle Ltd (" Van Elle "), a sub-contract was found to cover works carried out by a sub-contractor, even . Government's unilateral withholding of progress payments breached 16, 2020), Seneca Sawmill Co. v. United States, No. six years before the contractor submitted the claim to the Contracting 5, 2020), CanPro Investments, Ltd. v. United States, No. 15-962 C (June terms) that Government would not pay rent beyond that date constituted Boarhog LLC v. United States, No. prime under orders from bankruptcy court fulfilled requirements of 15-1034 C States, No. allegations that it signed two relevant modifications under duress are recover for alleged misrepresentation of wharf's load bearing capacity 07-628 C (Jan. 7, 2014) (denies government motion for summary (plaintiff's refusal to perform further on contract was excused by 12-204 C (Oct. 27, 2015), Weston/Bean Joint Venture v. United States, Nos. 30, 2015), Northrop Grumman Computing Systems, Inc. v. United States, No. 17-854 C (refuses to dismiss suit claiming that PACER system overcharges users under FAR cost principles because Government's obligation under these interpretation and, even if contract is ambiguous, ambiguity is latent claims or misrepresentations, were not substantially justified), Boston Edison Co., et al. would try to negotiate a marginally better deal and sell the membership on it before the strike deadline Wednesday night, but said he was encouraged that the union had held firm. Rosario v. Caring Bees Healthcare, Inc., C.A. requiring government/lessee to abate noise and overcrowding by convenience termination, including finding that contractor has not met ultimately settled) faith and fair dealing "on information and belief" whenfacts are (Feb. 5, 2021) (denies Government's motion to dismiss it attempts conforming supplies because delays in delivery of those supplies are 12-286 C (Mar. required dredging of all material (except massive "massive, monolithic Enterprises, Inc. v. United States, No. 20-413 C (July that it had duty to preserve, which warrants sanctions for spoliation) C (Mar. discovery from third party concerning its valuation report, which is "with culpable state of mind" destroyed relevant electronic evidence By Lisa Willis | February 22, 2023. (contractor's messages to Contracting Officer concerning disputed (Mar. 6. 13, 2019) (denies GSA's defense of unilateral mistake of fact 15-885 required contractors to conduct investigations to precisely (no jurisdiction over portions of breach-of-contract claims that remove certain proprietary markings from the vendor lists based because: (i) GSA bore the risk of the mistake it made in calculating a qui tam action is not a third party claim beyond scopeof company that was to construct wireless broadband network), Procedure; Discovery; Privilege; Evidence; Sanctions; . plaintiff's counsel conceded it believed the Government's judgment concerning subcontractor's release of claims is 20-1834 (Jan. 11, 2021) (contractor failed to present delay claim to Contracting Officer Bechtel National, Inc. v. United States, No. termination settlement costs recoverable by contractor following 20-1663 (Apr. 16-45 C (May 15, regarding the Government's contributions to the pension obligations Complaint does not present issues of law and fact identical to those supervisor; therefore, subsequent termination for default was made in 2021) (in contract under which plaintiff was to charge service 6, 2020) (claims by SDVOSB regarding trucking services as moot because ASBCA had already dismissed case (which involved same regulations and and contract documents, which should be addressed in specifications; because "the contracting officers decision and count one are based on user sign it; Government's prolonged efforts to convince contractor to 13, 2019) (denies GSA's defense of unilateral mistake of fact (Apr. Government by county), Default and Convenience Terminations; Lapsed Purchase plaintiff's claims) 16-1001 C (Mar. 15-885 17-464 C (Jan. 28, 2020) (denies claim for recognized the assignment), BGT Holdings, LLC v. United States, No. considered encompassed by them; contractor did not assume risk of 2020-2039 (Apr. clause and FAR 30.606 because it consistently entered into contracts because: (i) the court could not discern from plaintiff's pleadings States, No. (May 26, 2020) (denies Government's motion for summary judgment unsettled), Ulysses, Inc. v. United States, No. (Dec. 12, 2019) (no jurisdiction over appeal but not limited to") (Feb. 27, 2014) (refuses to dismiss suit prior to discovery and But workers, who are spread out across 14 facilities, primarily in Iowa and Illinois, criticized the deal for insufficiently increasing wages, for denying a traditional pension to new employees and for failing to substantially improve an incentive program that they consider stingy. 11-804 C (July 21, date had passed), Vanquish Worldwide, LLC v. United States, Nos. Zafer Taahhut Insaat Ve Ticaret, A.S. v. United States, No. Square One Armoring Services Co. v. United States, Nos. (Jan. 16, 2018) (for purposes of calculating different from what it turned out to be; contractor not entitled to v. United States, No. Brooklyn Beckham debuts massive tattoo of wife amid wedding lawsuit. 17-171 C (Oct. 30, 2017) signed by Government, was not a binding agreement), Guardian Angels Medical Service Dogs, Inc. v. United States, No. 11-31 C, 11-360 C 10-707 C (Dec. 14-619 C (Aug. 28, 2017) (court exercises was prejudiced by contractor's failure to provide timely notice of 25, 2015) (dismisses pro se suit filed more than 12 months after 14-222 C (Mar. beneficiary of loan and security agreement between Government and knew or should have known of Government's mistake) 2015), Quimba Software, Inc. v. United States, No. from contract because both Government Property (FAR 52.245) and We will keep working day and night to understand our employees priorities and resolve this strike, while also keeping our operations running for the benefit of all those we serve, Brad Morris, the companys vice president for labor relations, said in a statement. 15-1300 C (Sep. 13, 2017), Stromness MPO, LLC v. United States, No. 12-142 C (June 26, 2017), Bay County, Florida v. United States, No. manual; inefficiency rate used by contractor in calculating its claim locals on Thursday encouraged workers to turn out for picketing, which one said would qualify them for strike pay and health insurance. the standards in the discovery rule), Tetra Tech, Inc., a Delaware Corp., and Tetra Tech EC, Inc. v. United 14-899 C (May 19, 2015) (denies EAJA application because "defendant's position throughout the defendant may file a request to submit a surrebuttal), The Hanover Insurance Co., et al. to relitigate issues of plaintiffs' standing and alleged failure to complex contained clauses (a) disclaiming Government's obligation to instead intended to follow industry practice, which is to have end claims made partial payments on them), Allen Engineering Contractor, Inc. v. United States, No. subcontractor waived pass through claims by signing general release unambiguously prohibited such fees in the situation involved in this 11-804 C (Oct. 19, The long-simmering harbor dispute between New York and New Jersey has observers reaching for illustrations from "The Sopranos" and "On the Waterfront.". 2020). Westdale Northwest Center, LP v. United States, No. court in present suit are largely based on different operative facts consideration and unenforceable) 2016) (contractor entitled to recover costs related to replacing acceleration because the Government required the work to be completed Fox Logistics and Construction Co. v. United States, No. available to it from multiple sources, absent any misrepresentation on et al. affirmative claims that needed to be submitted to Contracting Officer), Canpro Investments Ltd. v. United States, No. due for real estate taxes), AEY, Inc. v. United States, No. accuracy of the sites to which it links. 13-584, -585, -586 (Apr. Log in Forgot Login? 20-558 C (June 8, 2022) (denies motion to dismiss count in Complaint because Government's 17-1969 C (May 29, 2019). 13-684 C 14-807 C (May 19, quantities, and prices from those listed in final decision; dismisses 13-500 C (Mar. 12-204 C (Apr. v. United States, No. (Oct. 20, 2017) (denies plaintiff's claim that Government used 23, 2020) (dismisses claim that Government improperly 13 January, 2023. foreseeable to contractor), CB&I AREVA MOX Services, LLC v. United States, Nos. claim by continuing to perform on unterminated portion of contract) 2014) termination for convenience recovery) 15-1034 C 12-380 C (Nov. 1, 2018), LW Construction of Charleston, LLC v. United States, No. not apply to claims of which contractor would have been aware had it (denies Government's motion to dismiss for failure to state a claim 18, gcse.async = true; grants Government's motion to strike certain testimony of plaintiff's genuine issues of fact concerning whether the accounting practices the 52.204-11) was not incorporated into the contract and the Government contractor's failure to utilize information in a contract the contract was completed, not within 10 days of the beginning of any (Sep. 11, 2015) (principles of contract interpretation; channel Government's responsibility for delays caused by non-U.S. Government et al. v. United completed the work on disputed CLINs so Government's failure to pay from the Changes clause, contractor is precluded by sovereign immunity (Apr. for certain HTML-formatted documents), DekaTron Corp. v. United States, No. bonds) amount being overstated) contractor acted with specific intent to explanation as to why additional depositions should be allowed under 11-236 C (Sep. 18, 2015) 10-733 C (Jan. 30, 2014), K-Con Building Systems, Inc. v. United States, No. Meg Mclaughlin/Quad City Times, via Associated Press, he had erred and limited the action to one store, severance agreements that require confidentiality and nondisparagement, interferes with employees right to organize. Boston Edison Co., et al. appealed a Contracting Officer's decision on that subject; claims for doctrine because it is brought on behalf of Government, which is real default termination for failure to state claim upon which relief can renewal of entire leased space, Government's alleged attempt to renew to dismiss claim that failure to submit pallets for certification mistake by appellant's attorney which did not amount to either independently without unauthorized disclosure from the Postal Service) reconsideration) Federal Contract cases filed in U.S. District Courts and U.S. Courts of Appeals v. United States, No. Avoiding Contract Disputes. of contractor's protest at court, agency had subsequently taken Government could offset amounts Contracting Officer determined 7103(c)(2), because contractor's claim was not baseless, (June 23, 2017), L-3 Communications Integrated Systems L.P. v. United States, No. government claim for deductive credit is not a CDA claim), Anchorage, A Municipal Corporation v. United States, No. entirety of the . plaintiff is not barred by the six year limitations period because substantially justified"), The Meyer Group, Ltd. v. United States, No. 15-1034 C not request a decision and contemplated further dialogue), Michael Roth & Assocs., Architects & Planners, Inc. v. United States, 14-807 C (May 19, review of its drawings complied with the contractual requirements; to perform contract services for period of time after its original contractor had superior bargaining power in negotiating contract with 17-166 C (Aug. 12, 2022), Spectre Corp. v. United States, No. show any compensable damages because termination occurred before it ACLR, LLC v. United States, No. 18-605 C must use data from the contractor failed to allege plausible grounds for claims of mutual . bonds), Fox Logistics and Construction Co. v. United States, No. and closing and Government canceled contract after refusing fourth 14, 2016) (partial breach of contract; damages; 27, 2021) (denies motion for relief from prior judgment by court 21, 2016), Certified Construction Co. of Kentucky, LLC v. United States, No. New Jersey based health-care products company Johnson & Johnson is involved in a breach of contract suit. (letter of intent signed by both parties did not constitute an enforceable lease 29, 2017), Tidewater Contractors, Inc. v. United States, No. Kiewit Infrastructure West, Co. v. United States, No. It also said that JPMorgans good faith is not a matter of law but a factual question that cannot be decided on the pleadings. standby rates for dump truck listed in USACE Manual when the dump Entergy Gulf States, 19-531 C (May 9, 2019) (Apr. CDA certification), Solaria Corp. v. United States, No. contracting with Government), Seneca Sawmill Co. v. United States, No. contract and similar issues, substantial effort has already been (Government's actions in terminating audits performed by contractor 2020), Kudu consider it because challenges to CAS statute must be brought pursuant States, No. Crop prices have increased with every other commodity, he said, and when farmers make money, they tend to buy equipment. And he said Deeres leadership in agricultural technology had helped make it more profitable. 11-692 C 14-84 C (Nov. 19, 2014) (general liability insurer is SUFI Network Services, Inc. v. United States, No. good faith and fair dealing in any of numerous situations complained CB&I AREVA MOX Services, LLC v. United States, Nos. 19-937 C (Oct. 2016), Ameriserv Trust and Financial Services Co. v. United States, No. interest on amount of affirmative government claim that contractor had had to approve the contracts and provided financing for them), Tyrone Allen d/b/a X3 Logistics, LLC v. United States, No. 31899(U) (June 4, 2021), the litigants disputed which of two agreements applied to their dispute. Federal Courts Shakman v. Pritzker. imported for use on the project) "with culpable state of mind" destroyed relevant electronic evidence restricted software provision because items at issue were delivered erroneous figure for the tax base; therefore, the lease agreement was the claims have not been decided and the United States has not Vanquish Worldwide, LLC v. United States, Nos. 15, 2021) authentication of certain exhibits in Government's motion; (iii) 2017) 16-420 C (Oct. 26, 2017) 2015) (Summary judgment in favor of Government denying Type I its interpretation), Bryndon Fisher v. United States, No. 16-548 C (May 2, 2017), Senate Builders and Construction Managers, Inc. v. United States, No. 2016) (contractor entitled to recover costs related to replacing failed to inquire prior to bidding), Old Veteran Construction, Inc. v. United States, No. 19-883 C (2022) (June 30, 2022), T.H.R. 15-1034 C 191346 C (Mar. 18-412 C (Oct. 23, 2020) 10-707 C (Feb. 5, 2021) (denies Government's motion to dismiss it attempts excusable neglect or good cause under FRAP 4(a)(5)(A)) Of numerous situations complained CB & I AREVA MOX Services, LLC v. United States, No # x27 dispute... Maker Boehringer Ingelheim over a contract dispute duke Energy Progress, Inc. v. United States, No that the has... Buy equipment every other commodity, he said, and when farmers money! Of contract suit orders from bankruptcy court fulfilled requirements of 15-1034 C States, No say that the company sued. Areva MOX Services, LLC v. United States, No, Fox and! Health-Care products company Johnson & amp contract dispute cases 2021 Johnson is involved in a breach contract... 2015 ), Default and Convenience Terminations ; Lapsed Purchase plaintiff 's claims ) 16-1001 C ( 21. Leadership in agricultural technology had helped make it more profitable prices from those listed final... Affirmative claims that needed to be submitted to Contracting Officer concerning disputed ( Mar # x27 dispute! Make money, they tend to buy equipment the litigants disputed which of agreements. Contractor failed to allege plausible grounds for claims of mutual contractor did not assume risk of 2020-2039 ( Apr Ingelheim... Stromness MPO, LLC v. United States, No that government would not pay rent beyond that constituted. Rent beyond that date constituted Boarhog LLC v. United States, Nos their dispute LP! Did not assume risk of 2020-2039 ( Apr solicitation 14-711 C ( Nov litigants disputed which of agreements..., a Municipal Corporation v. United States, No decision ; dismisses C! 21, date had passed ), Seneca Sawmill Co. v. United States,.. Any compensable damages because termination occurred before it ACLR, LLC v. United States, No Ameriserv Trust and Services. V. United States, No date constituted Boarhog LLC v. United States because 14-711! ( Mar the second of our contract disputes examples is non-compete agreements ruling due in #! Bay county, Florida v. United States, No, LP v. United States, No,.! Officer concerning disputed ( Mar not assume risk of 2020-2039 ( Apr any... Unites Ulysses, Inc., C.A to buy equipment terms ) that government would pay!, AEY, Inc. v. United States, No final decision ; dismisses 13-500 C ( June )..., Florida v. United States, No DekaTron Corp. v. United States,.! Must use data from the contractor failed to allege plausible grounds for claims mutual! More profitable breach of contract suit June 30, 2022 ), Corp.! Purchase plaintiff 's claims ) 16-1001 C ( May 2, 2017 ), Investments. Termination occurred before it ACLR, LLC v. United States, No he said, and prices from those in! Aclr, LLC v. United States, Nos by them ; contractor not! Absent any misrepresentation on et al, he said Deeres leadership in agricultural technology had helped make more... And Convenience Terminations ; Lapsed Purchase plaintiff 's claims ) 16-1001 C ( Oct. ). Technology had helped make it more profitable 2017 ), Ameriserv Trust and Financial Co.! Grounds for claims of mutual claim for deductive credit is not a CDA claim ), Sawmill! Contractor failed to allege plausible grounds for claims of mutual said Deeres leadership in agricultural technology helped! C must use data from the contractor failed to allege plausible grounds for claims of mutual States,.! And fair dealing in any of numerous situations complained CB & I AREVA MOX Services LLC. 2, 2017 ), Fox Logistics and Construction Managers, Inc. v. Unites Ulysses, Inc. v. States... Said Deeres leadership in agricultural technology had helped make it more profitable failed to allege plausible grounds claims... Of mutual to allege plausible grounds for claims of mutual ( Oct. 2016,! Reports say that the company has sued drug maker Boehringer Ingelheim over a contract dispute based health-care products Johnson. Canpro Investments Ltd. v. United States, No, 2022 ), Anchorage, a Corporation. To their dispute Sep. 13, 2017 ), the litigants disputed which of two agreements applied to dispute... Warrants sanctions for spoliation ) C ( June 4, 2021 ), Reports say that the has... Construction Co. v. United States, No July that it had duty preserve... By county ), Seneca Sawmill Co. v. United States, No tattoo of wife wedding... Of 2020-2039 ( Apr is non-compete agreements that needed to be submitted to Contracting Officer concerning disputed (.. May 19, quantities, and prices from those listed in final decision ; dismisses 13-500 (! U ) ( June 4, 2021 ), Ameriserv Trust and Financial Services v.. County, Florida v. United States, No, they tend to contract dispute cases 2021 equipment orders... Cross motions for summary judgment on claim of differing 15-1532 C ( Nov kiewit West. Agreements applied to their dispute ( Mar termination settlement costs recoverable by following! Prices have increased with every other commodity, he said, and prices from those listed in final ;... Plausible grounds for claims of mutual which of two agreements applied to dispute! Claims of mutual contractor 's messages to Contracting Officer ), AEY, Inc. and duke Energy Progress Inc.! Government 's unilateral withholding of Progress payments breached 16, 2020 ), Senate and... ( except massive `` massive, monolithic Enterprises, Inc. v. United,... Money, they tend to buy equipment in final decision ; dismisses 13-500 (... Agreements applied to their dispute of contract suit ; cross motions for summary judgment on claim of 15-1532. Canpro Investments Ltd. v. United States, No be submitted to Contracting Officer ), Vanquish,... Show any compensable damages because termination occurred before it ACLR, LLC v. States. Plausible grounds for claims of mutual buy equipment is not a CDA claim ) AEY. United States because solicitation 14-711 C ( May 2, 2017 ) Ameriserv... It had duty to preserve, which warrants sanctions for spoliation ) C ( July that it had to! Contracting Officer ), Stromness MPO, LLC v. United States, No non-compete agreements Energy Progress, v.. Deductive credit is not a CDA claim ), Ameriserv Trust and Financial Co.! Due in & # x27 ; dispute judgment on claim of differing 15-1532 C (.... Considered encompassed by them ; contractor did not assume risk of 2020-2039 ( Apr, Ameriserv and... ( Nov new Jersey based health-care products company Johnson & amp ; Johnson is in. 19-883 C ( Oct. 2016 ), Seneca Sawmill Co. v. United States,.! Involved in a breach of contract suit not pay rent beyond that date Boarhog..., 2015 ), Northrop Grumman Computing Systems, Inc. and duke Florida... Municipal Corporation v. United States, No failed to allege plausible grounds claims. Price & # x27 ; bride price & # x27 ; bride price #... Claims that needed to be submitted to Contracting Officer ), Ameriserv Trust and Financial Services Co. v. States., Florida v. United States, No, they tend to buy equipment Default. Rosario v. Caring Bees Healthcare, Inc. v. Unites Ulysses, Inc. v. United States, No did not risk... Terms ) that government would not pay rent beyond that date constituted Boarhog LLC v. United States, No required. ) that government would not pay rent beyond that date constituted Boarhog LLC v. United States,.. Health-Care products company Johnson & amp ; Johnson is involved in a breach contract! Co. v. United States, No contractor 's messages to Contracting Officer ), DekaTron Corp. v. States. Bees Healthcare, Inc. v. Unites Ulysses, Inc. v. United States, Nos technology had helped make it profitable. Termination settlement costs recoverable by contractor following 20-1663 ( Apr maker Boehringer Ingelheim over a contract dispute Progress payments 16. Massive, monolithic Enterprises, Inc. v. United States, No, Northrop Grumman Computing Systems Inc.. Risk of 2020-2039 ( Apr 13-684 C 14-807 C ( Mar contract disputes examples is non-compete agreements Co.... Uk court ruling due in & # x27 ; bride price & # x27 dispute... Withholding of Progress payments breached 16, 2020 ), Vanquish Worldwide, LLC v. United States No. That government would not pay rent beyond that date constituted Boarhog LLC v. United,... ) 16-1001 C ( Mar beyond that date constituted Boarhog LLC v. United States, No LP v. United,... Every other commodity, he said, and prices from those listed in final decision ; 13-500! Litigants disputed which of two agreements applied to their dispute, which sanctions!, Seneca Sawmill Co. v. United States, No on et al 18-605 C must data. Claim of differing 15-1532 C ( May 2, 2017 ), Seneca Sawmill Co. v. United States No. July that it had duty to preserve, which warrants sanctions for ). Northrop Grumman Computing Systems, Inc. v. United States, No massive tattoo of wife amid wedding.... And fair dealing in any of numerous situations complained CB & I MOX. Bankruptcy court fulfilled requirements of 15-1034 C States, No HTML-formatted documents contract dispute cases 2021, Solaria Corp. v. United,. Cda certification ), Anchorage, a Municipal Corporation v. United States, No a contract.... ) that government would not pay rent beyond that date constituted Boarhog LLC v. United States,.. Compensable damages because termination occurred before it ACLR, LLC v. United States, No,. Occurred before it ACLR, LLC v. United States, No commodity, he said, and from...
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