ARIADNE FINANCIAL SERVICES PTY. LTD. v. U.S.

No. 97-5050.

133 F.3d 874 (1998)

ARIADNE FINANCIAL SERVICES PTY. LTD. and Memvale Pty. Ltd., Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined March 17, 1998.


Attorney(s) appearing for the Case

Richard H. Carlson, Anthony & Carlson, L.L.P., Oakland, CA, argued for plaintiffs-appellants. Of counsel on the brief was Jane L. Trigero.

Shalom Brilliant, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, argued for defendant-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General and David M. Cohen, Director.

Steven S. Rosenthal, Morrison & Foerster, L.L.P., of Washington, DC, for amicus curiae Bank of America. Additional counsel on the amicus brief were: John C. Millian, Gibson, Dunn & Crutcher, L.L.P., Washington, DC, for Gerald L. Parsky; John V. Austin, Thompson Coburn, Washington, DC, for Mercantile Bank of St. Louis National Association; Charles T. Lester, Jr., Sutherland, Asbill & Brennan, L.L.P., Atlanta, GA, for SouthTrust Georgia, Inc., et al.; Daniel J. Goldberg, Reinhart, Boerner, Van Deuren, Norris & Rieselbach, P.C., Washington, DC, for LSB Industries, et al.; William T. Reilly, McCarter & English, Newark, NJ, for Statewide Savings Bank, S.L.A.; Matthew G. Ash, Reinhart, Boerner, Van Deuren, Norris & Reiselbach, P.C., Washington, DC, for Hometown Savings and Loan, Clare Bank; Toni C. Lichstein, Milbank, Tweed, Hadley & McCloy, New York City, for Alham, Inc., et al.; Marc P. Levy and Sean Murphy, Muldoon, Murphy & Faucette, Washington, DC, for Cenlar Capital Corporation, et al.; Michael G. Shannon, Wallace, Bauman, Fodiman & Shannon, P.A., Coral Gables, FL, for Miami Savings Corp. et al.; Jerry Stouck, of Spriggs & Hollingsworth, Washington, DC, for Heartland Savings Bank, and William J. Harte, William J. Harte, Ltd., Chicago, IL, for Alan H. Pollack, et al.

Before LOURIE, RADER, and SCHALL, Circuit Judges.


Rehearing Denied; Suggestion for Rehearing In Banc Declined March 17, 1998.

RADER, Circuit Judge.

The United States Court of Federal Claims dismissed Ariadne Financial Services's (Ariadne's) breach of contract action as untimely filed. See Plaintiffs in Winstar-Related Cases v. United States, 37 Fed. Cl. 174, 191 (1997). Because the trial court correctly determined that Ariadne's claim had accrued more than six years before its filing, this court affirms...

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