McDONNELL DOUGLAS CORPORATION, Plaintiff-Cross Appellant, and
General Dynamics Corporation, Plaintiff-Cross Appellant,
v.
UNITED STATES, Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
July 1, 1999.
July 1, 1999.
Attorney(s) appearing for the Case
Bruce J. Ennis, Jr., Jenner & Block, Washington, DC, argued for plaintiffs-cross-appellants. With him on the brief were David W. DeBruin and Deanne E. Maynard. Also on the brief were Caryl A. Potter, III and Elizabeth A. Ferrell, Sonnenschein Nath & Rosenthal, Washington, DC. Of counsel on the brief were John W. Walbran, McDonnell Douglas Corporation, Berkeley, Missouri; Herbert L. Fenster and David A. Churchill, McKenna & Cuneo, L.L.P., Washington, DC; and Edward C. Bruntrager, General Dynamics Corporation, Falls Church, Virginia.
Mark B. Stern, Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, DC, argued for defendant-appellant. With him on the brief were Stephen W. Preston, Deputy Assistant Attorney General; David M. Cohen, Director, and Bryant G. Snee, Assistant Director, Commercial Litigation Branch; and Jacob M. Lewis, Thomas M. Bondy, Michael S. Raab, and H. Thomas Bryon, III, Attorneys, Appellate Staff. Of counsel on the brief was George P. Williams, Special Counsel for Litigation, Office of General Counsel, Department of the Navy, Arlington, Virginia.
Before MAYER, Chief Judge, MICHEL and CLEVENGER, Circuit Judges.
United States Court of Appeals, Federal Circuit.
CLEVENGER, Circuit Judge.
This dispute arises out of the government's default termination of a contract between the United States Navy and defense contractors McDonnell Douglas Corporation and General Dynamics Corporation ("Contractors") to develop a carrier-based, low-observable "stealth" aircraft known as the A-12 Avenger. After several years of litigation, the United States Court of Federal Claims held that the government's termination of the contract for default...
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