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United States v. TDC Management Corp., Inc.

Party waived contention that district court erred in applying collateral estoppel as bar against relitigation of issues pertaining to recovery of cost disallowances under federal program; no manifest injustice existed sufficient to override waiver on appeal.

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Argued March 8, 2002

This case is before the court for a second time. In the first appeal, the court reversed in part the grant of summary judgment to TDC Management Corporation, Inc. and its president, Theodore Monts. The court held that the decision of the Department of Transportation Board of Contract Appeals (“the Board”) on TDC’s appeal from cost disallowances collaterally estopped the government from relitigating the accuracy of TDC’s monthly progress and expenditure reports, but did not estop the government from bringing False Claims Act charges based on information that was omitted from those reports. United States v. TDC Mgmt. Corp., 24 F.3d 292 (D.C. Cir. 1994) (“TDC I”). In this second appeal, from the grant of summary judgment to the government, TDC contends correctly that the district court erred by granting preclusive effect to factual findings by the Board. This contention is waived, however, because TDC did not raise it in the district court and no occasion is presented for the exercise of our discretionary review in order to prevent a manifest injustice. Accordingly, because TDC’s other challenges are unpersuasive, we affirm.

I.

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