EMPLOYERS INS. OF WAUSAU v. UNITED STATES

Appeal Nos. 85-763, 85-765.

764 F.2d 1572 (1985)

EMPLOYERS INSURANCE OF WAUSAU, Appellant, v. The UNITED STATES, Appellee. ARROWHEAD TIMBER COMPANY, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

Decided June 14, 1985.


Attorney(s) appearing for the Case

Paul R. Meyer, Kobin & Meyer, P.C., Portland, Or., argued, for appellant in No. 85-763.

Lloyd W. Weisensee, Portland, Or., for appellant in No. 85-765.

Ronald A. Schechter, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for appellee. With him on brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Robert A. Reutershan, Asst. Director, Washington, D.C.

Allen C. Peters, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., for appellee in No. 85-765.

Before MARKEY, Chief Judge, RICH, Circuit Judge, and NICHOLS, Senior Circuit Judge.


NICHOLS, Senior Circuit Judge.

These consolidated appeals seek our review of a judgment of the Claims Court, unreported, which grants defendant's motion for summary judgment and dismisses both cases. While we cannot agree with all the reasoning of the Claims Court, as delivered orally from the bench, we conclude that the court reached the right result, and therefore we affirm.

Facts

Arrowhead Timber Company (Arrowhead) entered into a contract...

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