GIESLER v. U.S.

Nos. 00-5031, 00-5032.

232 F.3d 864 (2000)

James GIESLER and Luke Coniglio (doing business as Central Park Company), Plaintiffs-Appellants, v. UNITED STATES, Defendant-Cross-Appellant.

United States Court of Appeals, Federal Circuit.

November 13, 2000.


Attorney(s) appearing for the Case

William E. Gast, Gast & Forehand, P.C., of Omaha, Nebraska, argued for plaintiffs-appellants.

Patricia M. McCarthy, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-cross appellant. With her on the brief were David W. Ogden, Assistant Attorney General; David M. Cohen, Director; and Bryant G. Snee, Assistant Director. Of counsel on the brief was Marlene M. Surrena, Attorney, Defense Supply Center Philadelphia, Office of Counsel, of Philadelphia, Pennsylvania.

Before MICHEL, LOURIE, and RADER, Circuit Judges.


MICHEL, Circuit Judge.

This is a government contract case. James Giesler and Luke Coniglio, doing business as Central Park Company, appeal from the October 21, 1999 order of the United States Court of Federal Claims denying their motion for an award of attorney fees and costs, following the court's September 15, 1999 decision granting summary judgment that Central Park deserves rescission of its unperformed contract with the United States for the supply of mixed nuts...

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