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STATE OF FLA., DEPT. OF INS. v. U.S.

No. 95-5106.

81 F.3d 1093 (1996)

STATE OF FLORIDA, DEPARTMENT OF INSURANCE, as Receiver for Southeastern Casualty & Indemnity Insurance Company, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 10, 1996.

Attorney(s) appearing for the Case

Jack Rephan, Hofheimer, Nusbaum, McPhaul & Samuels, P.C., Norfolk, Virginia, argued, for plaintiff-appellant.

Mitchell J. Matorin, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., argued, for defendant-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Sandra P. Spooner, Deputy Director. Of counsel was Alice Covington, United States Postal Service, Washington, D.C.

Before RICH, LOURIE, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

The construction contract at issue in this case resulted in a default termination of both the contractor and the contractor's surety. The surety's receiver sued the United States for damages based on losses suffered by the surety in connection with the project. The Court of Federal Claims denied relief, Florida Dep't of Ins. v. United States, 33 Fed. Cl. 188 (1995), and we affirm.

I

In October 1987, the Padula Construction...

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