M.A. MORTENSON CO. v. U.S.

No. 92-5104.

996 F.2d 1177 (1993)

M.A. MORTENSON COMPANY, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 9, 1993.


Attorney(s) appearing for the Case

Ronald A. Schechter, Jones, Day, Reavis & Pogue, Washington, DC, argued for plaintiff-appellee. With him on the brief were Joseph D. West and Rosemary Maxwell.

Shalom Brilliant, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for defendant-appellant. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director.

Before RICH, MICHEL and CLEVENGER, Circuit Judges.


CLEVENGER, Circuit Judge.

The United States appeals from the March 30, 1992 judgment of the United States Claims Court1 awarding attorney fees and costs against the United States as a sanction for its failure to comply with several discovery orders. Because the United States has waived its sovereign immunity in the Claims Court with respect to this sanction, we affirm.

I

The single issue raised in this appeal is whether...

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