PACORD, INC. v. U.S.

No. 96-56738.

139 F.3d 1320 (1998)

PACORD, INC., Plaintiff-Appellant, v. UNITED STATES of America; A & E Industries, Inc. Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 7, 1998.


Attorney(s) appearing for the Case

Mitchell H. Segal and D. Whitney Thornton, II, Seyfarth, Shaw, Fairweather & Geraldson, San Francisco, California, for appellant.

R. Michael Underhill, Department of Justice, San Francisco, California, for appellee.

Before: BRUNETTI, THOMPSON and T.G. NELSON, Circuit Judges.


Opinion by Judge DAVID R. THOMPSON; Dissent by Judge T.G. NELSON.

DAVID R. THOMPSON, Circuit Judge:

Appellant PacOrd, Inc. ("PacOrd") provided ship repair work for the government as a subcontractor to A & E Industries ("A & E"). PacOrd contends it entered into an oral or implied-in-fact contract directly with the government in which government officials agreed to guaranty A & E's payment to PacOrd in order to induce PacOrd to work on the project...

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