DOE Urges Fed. Circ. To Reinstate Unavoidable Delay Defense
By Erica Teichert ( August 6, 2012, 6:56 PM EDT) -- The U.S. Department of Energy told the Federal Circuit on Monday that the government should have been allowed to use unavoidable delays as a defense against paying damages to Entergy Nuclear Fitzpatrick LLC over its inability to fulfill a nuclear waste contract, saying the lower courts used the wrong legal standards to decide the case....
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