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SEABOARD LUMBER CO. v. U.S.

No. 88-1486.

903 F.2d 1560 (1990)

SEABOARD LUMBER COMPANY, W.T. Burgess Logging Co., Inc., Big Flat Timber Company, Manke Lumber Company, Merrill & Ring, Inc., Tomco, Inc., Alpine Veneers, Inc., Penn Timber, Inc., Times Mirror Land & Timber Company, Taylor Westbrook, Brazier Forest Products, Inc., Gateway Lumber Company, Mt. Adams Veneer Co. and Capital Development Company, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 17, 1990.

Attorney(s) appearing for the Case

William F. Lenihan, Schwabe, Williamson, Wyatt & Lenihan, Seattle, Wash., for plaintiffs-appellants. With him on the brief was Mildred J. Carmack, Schwabe, Williamson, Wyatt & Lenihan, Portland, Or. Also on the brief were Jan D. Sokol, Stafford, Frey, Cooper & Stewart, Portland, Or., Richard A. Smith, Harland & Gromala, Eureka, Cal., Wesley R. Higbie, Hendrickson, Higbie & Cole, San Francisco, Cal., and John P. Bledsoe, Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland, Or.

Paul D. Langer, Attorney, Commercial Litigation Branch, Department of Justice, Washington, D.C., for defendant-appellee. With him on the brief were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director and John W. Showalter, Asst. Director. Also on the brief was William P. McGinnies, Attorney, Office of Gen. Counsel, Dept. of Agriculture, Washington, D.C., of counsel.

Before NIES and BISSELL, Circuit Judges, and BALDWIN, Senior Circuit Judge.

NIES, Circuit Judge.

This appeal is from a certified interlocutory order of the United States Claims Court denying appellants' motion to dismiss the government's counterclaims for breach by the contractors of particular government contracts. Our jurisdiction rests on 28 U.S.C. § 1292(d)(2) (1988). Appellants urged dismissal of the government's counterclaims on the grounds that the appellants have a right to defend against the government's claims in an Article...

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