HERCULES, INC. v. UNITED STATES

No. 94-818.

516 U.S. 417 (1996)

HERCULES, INC. et al. v. UNITED STATES

United States Supreme Court.

Decided March 4, 1996.


Attorney(s) appearing for the Case

Carter G. Phillips argued the cause for petitioners. With him on the briefs were James S. Turner, Alan Dumoff, Jerold Oshinsky, Gregory W. Homer, Rhonda D. Orin, and Walter S. Rowland.

Edward C. DuMont argued the cause for the United States. With him on the brief were Solicitor General Days, Assistant Attorney General Hunger, Deputy Solicitor Gen- eral Bender, David S. Fishback, Alfred Mollin, and Michael T. McCaul.*

Rehnquist, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Souter, Thomas, and Ginsburg, JJ., joined. Breyer, J., filed a dissenting opinion, in which O'Connor, J., joined, p. 431. Stevens, J., took no part in the consideration or decision of the case.


Chief Justice Rehnquist delivered the opinion of the Court.

Petitioners in this case incurred substantial costs defending, and then settling, third-party tort claims arising out of their performance of Government contracts. In this action under the Tucker Act, they sought to recover these costs from the Government on alternative theories of contractual indemnification or warranty of specifications provided by the Government. We hold that they may not do so.

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