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MONARCH ASSUR. P.L.C. v. U.S.

No. 99-5052.

244 F.3d 1356 (2001)

MONARCH ASSURANCE P.L.C. and Thomas Patrick Denton Taylor, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided April 5, 2001.

Attorney(s) appearing for the Case

Raphael S. Moore, Law Office of Raphael Moore, of Davis, California, argued for plaintiffs-appellants.

Thomas D. Dinackus, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief was David M. Cohen, Director. Of counsel on the brief was John L. McPherson, Assistant General Counsel, Office of General Counsel, Central Intelligence Agency.

Before BRYSON, Circuit Judge, SMITH and PLAGER, Senior Circuit Judges.

PER CURIAM.

In this contract action, plaintiffs allege that they lent a secret agent of the United States money to support a clandestine CIA operation, and have not been paid for their efforts. The United States denies responsibility, and invokes the state secrets privilege to avoid responding to plaintiffs' demands for discovery. The United States Court of Federal Claims concluded that, even if the individual alleged to be a secret agent was in fact such an agent...

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