NATIONAL SUR. CORP. v. U.S.

No. 94-5159.

118 F.3d 1542 (1997)

NATIONAL SURETY CORPORATION, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

July 3, 1997.


Attorney(s) appearing for the Case

Richard L. Lambe, Ulin & Lambe, Seattle, WA, argued, for plaintiff-appellee.

Thomas P. McLish, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued, for defendant-appellant. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Anthony C. Anikeeff, Assistant Director. Of counsel was Thomas O. Mason.

Before ARCHER, Chief Judge, NEWMAN and PLAGER, Circuit Judges.


Opinion for the Court filed by Circuit Judge PAULINE NEWMAN. Dissenting opinion filed by Chief Judge ARCHER.

PAULINE NEWMAN, Circuit Judge.

The government appeals the decision of the United States Court of Federal Claims1 holding the government liable to the surety for the improper release of retainage for a construction contract upon which National Surety Corporation served as guarantor. The decision of liability is affirmed,...

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