HUTCHENS v. UNITED STATES

Appeal No. 84-1493.

755 F.2d 908 (1985)

Kenneth HUTCHENS and Lyle Hutchens, Appellants, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

February 25, 1985.


Attorney(s) appearing for the Case

Roger M. Phillips, Jackson, Dillard, Brouillette, Weisenfels, Phillips & Wood, P.C., Kansas City, Mo., argued for appellants. With him on the brief was Cindy L. MaLaun, Kansas City, Mo.

Margaret A. Hill, Dept. of Justice, Washington, D.C., argued for appellee. With him on the brief were F. Henry Habicht, II, Asst. Atty. Gen., David Shilton and Glen R. Goodsell, Washington, D.C.

Before FRIEDMAN and DAVIS, Circuit Judges, and SKELTON, Senior Circuit Judge.


FRIEDMAN, Circuit Judge.

This is an appeal from a decision of the United States Claims Court granting the defendant United States' motion for summary judgment and dismissing the petition. The appellants Kenneth and Lyle Hutchens assert that the United States breached its contract with them by making payment to another party to the contract. We affirm.

I

In November 1976, the appellants, as officers and directors of Hutchens Brothers, Inc. (Hutchens...

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