INSURANCE COMPANY OF THE WEST, Plaintiff-Appellee,
v.
UNITED STATES, Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
DECIDED March 23, 2001.
DECIDED March 23, 2001.
Attorney(s) appearing for the Case
Robert M. Wright, Whiteford, Taylor & Preston, L.L.P., of Baltimore, Maryland, argued for plaintiff-appellee. With him on the brief was Gerard P. Sunderland.
James M. Kinsella, Deputy Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant. On the brief were David M. Cohen, Director; Robert E. Kirschman, Assistant Director; and Katherine A. Barski, Attorney. Of counsel on the brief was Major James D. Slear, Attorney, Commercial Litigation Division, AFLSA/JACN, Department of the Air Force, of Arlington, Virginia.
Edward G. Gallagher, Wickwire Gavin, P.C., of Vienna, Virginia, for amicus curiae The Surety Association of America.
Before CLEVENGER, Circuit Judge, SMITH, Senior Circuit Judge, Senior Judge Smith heard oral argument in this appeal and participated in consideration of the case, but died on March 22, 2001. Judge Smith did not participate in the final decision, which is made by the remaining judges in accordance with Fed. Cir. Rule 47.11.
United States Court of Appeals, Federal Circuit.
DECISION
DYK, Circuit Judge.
This case requires us to decide whether a subrogee, after stepping into the shoes of a government contractor, may rely on the waiver of sovereign immunity in the Tucker Act, 28 U.S.C. § 1491, and bring suit against the United States. We hold that the Supreme Court's decision in Dep't of the Army v. Blue Fox, Inc.,525 U.S. 255, 119 S.Ct. 687, 142 L.Ed.2d 718 (1999), did not upset the...
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