HERCULES INC. v. U.S.

Nos. 92-5124, 92-5138.

24 F.3d 188 (1994)

HERCULES INCORPORATED, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee. WM. T. THOMPSON COMPANY, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing and Suggestion for Rehearing Denied and Declined July 7, 1994.


Attorney(s) appearing for the Case

Gregory W. Homer, Atty., Anderson, Kill, Olick & Oshinsky, Washington, DC, argued, for plaintiff-appellant, Hercules Inc. With him on the brief, were Nancy A. Markowitz and Jerold Oshinsky. Of counsel was Walter S. Rowland, Hercules Inc., of Wilmington, DE.

David S. Fishback, Asst. Director, U.S. Dept. of Justice, Washington, DC, argued, for defendant-appellee. With him on the brief, were Stuart M. Gerson, Asst. Atty. Gen., J. Patrick Glynn, Director, Torts Branch, Stephen M. Doyle and Burke M. Wong.

Alan Dumoff, Atty., Swankin & Turner, Washington, DC, argued, for plaintiff-appellant, Wm. T. Thompson Co. With him on the brief, was James S. Turner.

Stephen M. Doyle, Atty., U.S. Dept. of Justice, Washington, DC, argued, for defendant-appellee. With him on the brief, were Stuart M. Gerson, Asst. Atty. Gen., J. Patrick Glynn, Director, Torts Branch, David S. Fishback, Asst. Director, and Burke M. Wong.

Before PLAGER, CLEVENGER, and SCHALL, Circuit Judges.


Rehearing and Suggestion for Rehearing In Banc Denied and Declined July 7, 1994.

SCHALL, Circuit Judge.

In these consolidated appeals, Hercules Incorporated (Hercules) and Wm. T. Thompson Company (Thompson), respectively, appeal the April 2 and April 22, 1992 judgments of the United States Claims Court.1 In those judgments, the court dismissed Hercules' and Thompson's complaints after granting the motions of the United States for...

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