SYSTEM FUELS, INC. v. U.S.

Nos. 2015-5094, 2015-5095.

818 F.3d 1302 (2016)

SYSTEM FUELS, INC., System Energy Resources, Inc., South Mississippi Electric Power Association, Plaintiffs-Appellants v. UNITED STATES, Defendant-Appellee. System Fuels, Inc., Entergy Arkansas, Inc., Plaintiffs-Appellants v. United States, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 4, 2016.


Attorney(s) appearing for the Case

Alexander D. Tomaszczuk , Pillsbury Winthrop Shaw Pittman LLP, McLean, VA, argued for plaintiffs-appellants. Also represented by Clare M. Cavaliero , Jay E. Silberg , Washington, DC; Layton Jager Smith, Jr. , Jager Smith LLC, Jackson, MS.

Eric Peter Bruskin , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Christopher James Carney , James Patrick Connor , Bryant G. Snee , Robert E. Kirschman, Jr. , Benjamin C. Mizer.

Before MOORE, MAYER, and WALLACH, Circuit Judges.


In these related appeals, System Fuels, Inc., System Energy Resources, Inc., South Mississippi Electric Power Association, and Entergy Arkansas, Inc. (collectively, "System Fuels") appeal two judgments of the Court of Federal Claims denying one category of damages arising from the government's partial breach of contract. We...

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