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ADMIRALTY CONST. BY NATIONAL AMERICAN INS. v. DALTON

No. 97-1111.

156 F.3d 1217 (1998)

ADMIRALTY CONSTRUCTION, INC, by NATIONAL AMERICAN INSURANCE CO, Appellant, v. John H. DALTON, Secretary of the Navy, Appellee.

United States Court of Appeals, Federal Circuit.

September 18, 1998.

Attorney(s) appearing for the Case

Shannon J. Briglia, Wickwire Gavin, P.C., Vienna, Virginia, argued for appellant. With her on the brief was Brian P. Waagner.

Ronald G. Morgan, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, D.C., argued for appellee. With him on brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Kirk T. Manhardt, Assistant Director. Of counsel on the brief was Alan R. Caramella, Attorney, Naval Facilities Engineering Command, NAVFAC Litigation Headquarters Building, U.S. Department of Navy, Washington D.C.

Before PLAGER, Circuit Judge, ARCHER, Senior Circuit Judge, and RADER, Circuit Judge.

RADER, Circuit Judge.

National American Insurance Company (National), the surety for Admiralty Construction, Inc.'s (Admiralty's) contract with the Department of the Navy, submitted a claim to the Armed Services Board of Contract Appeals (Board) on behalf of Admiralty. The Board dismissed National's claim because the doctrine of equitable subrogation did not allow National to pursue Admiralty's rights in that forum, particularly when Admiralty had brought its own...

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