Freedom
N.Y. Wins at the
U.S.
Court of Appeals for the Federal Circuit
On
the legal front:
23
MAY 2003 - Washington D.C.
U.S.
Court of Appeals for the Federal Circuit confirmed the Finding of
Facts of the 3 Judges at the Armed Services Board of Contract
Appeals, that Freedom “had done nothing wrong” during its
contract period and further confirmed the ASBCA Judges’ findings
that the Department of Defense had materially breached Freedom’s
MRE Prime contract, from 1984 to 1987, at least 26 different times.
These
court decisions support Freedom’s claim that it had been
economically lynched and its business destroyed for trying to
participate as a prime contractor in the MRE Planned Producer
Program. Freedom
invested over $14.5 million to participate as one of three prime
contractors to respond in the event of war in D+90 days.
Freedom’s
plant located in the South Bronx, N.Y., employed over 442 employees
in 1985. Instead of
being allowed an equal opportunity to produce and participate in MRE
program, Freedom was given a “Rodney King style administrative
contract beating” at the hands of low level contract
administrators of the Department of Defense, and then they were
allowed to cover up their mistakes and mismanagement by wrongfully
throwing Freedom into the military contract legal system.
For over 17 years Freedom fought to unbury itself and to
reveal the real facts that took place during the contract period.
The recent court findings, ruling and decisions have
confirmed what Freedom said happened over 17 years ago.
See attached ASBCA decision #43965 dated 28 August 2001.
The
lower court, ASBCA Judges got it almost right when they awarded
Freedom over $10 million in past costs and interest.
Their calculation on the amount of the massive damages and
business destruction was left out of the award.
Freedom appealed to the United Stated Court of Appeals for
the Federal Circuit, who finally got it right on some major issues
but still wrong on other issues.
See
attached USCA - Rumsfeld v. Freedom NY, Inc., Nos. 02-1105 &
02-1130 (Fed. Cir. May 22, 2003).
Freedom’s
Washington D.C attorneys are being dispatched back to the Court of
Appeals to have the full court correct its 3 Judge panel and then to
further correct the lower court at the ASBCA on the correct method
of calculating damages as a result of the Department of Defense’s
breaches and destruction of Freedom as a Prime Contractor to produce
military essential war items of MREs.
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