HUGHES COMMUNICATIONS GALAXY, INC. v. U.S.

No. 92-5137.

998 F.2d 953 (1993)

HUGHES COMMUNICATIONS GALAXY, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined October 26, 1993.


Attorney(s) appearing for the Case

Clarence T. Kipps, Jr., Miller & Chevalier, Chartered, Washington, DC, argued for plaintiff-appellant. With him on the brief were Robert K. Huffman, Kevin C. Dwyer and Paul L. Glenchur. Also on the brief were John J. Higgins, John T. Kuelbs, Jennifer Smolker, Scott B. Tollefsen and M. Keith Nocket, Hughes Aircraft Company, Los Angeles, CA.

Terrence S. Hartman, Dept. of Justice, Washington, DC, argued for defendant-appellee. Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Allen D. Bruns, Asst. Director, Commercial Litigation Branch, were on the brief for defendant-appellee. Also on the brief were June W. Edwards, Associate Gen. Counsel and William J. Bierbower, Sr. Atty., Nat. Aeronautics and Space Admin.

Before RICH, MAYER and LOURIE, Circuit Judges.


Rehearing Denied; Suggestion for Rehearing In Banc Declined October 26, 1993.

MAYER, Circuit Judge.

Hughes Communications Galaxy, Inc., appeals the judgment of the United States Court of Federal Claims,1 26 Cl.Ct. 123 (1992), which held it could not recover damages under its contract with the National Aeronautics and Space Administration (NASA) when NASA's failure to launch Hughes' satellites...

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