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D & H DISTRIBUTING CO. v. U.S.

No. 96-5063.

102 F.3d 542 (1996)

D & H DISTRIBUTING COMPANY, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied February 6, 1997.

Attorney(s) appearing for the Case

Alan R. Engel, Sapero & Sapero, of Baltimore, MD, argued for plaintiff-appellant.

R. Alan Miller, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Sharon Y. Eubanks, Deputy Director.

Before NEWMAN, MAYER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

The dispute in this government contract case arose when the contractor failed to pay its subcontractor for goods that the subcontractor supplied to the government. After the contractor became insolvent, the subcontractor sought to recover from the government on one of two theories: either (1) that it had entered into an implied-in-fact contract with the government; or (2) that it was a third party beneficiary of the contract between the government...

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