TIBURZI v. DEPARTMENT OF JUSTICE

No. 01-3123.

269 F.3d 1346 (2001)

Jeffrey J. TIBURZI, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED: November 1, 2001.


Attorney(s) appearing for the Case

Jeffrey J. Tiburzi, of Baltimore, Maryland, pro se.

Jeffrey A. Belkin, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent. With him on the brief were David M. Cohen, Director; and Todd M. Hughes, Attorney.

Before NEWMAN, CLEVENGER, and DYK, Circuit Judges.


Opinion for the court filed by Circuit Judge DYK. Dissenting opinion filed by Circuit Judge NEWMAN.

DYK, Circuit Judge.

This case presents the question whether the parties intended an oral settlement agreement to be binding in the absence of a subsequent written settlement agreement. We hold that substantial evidence supports the conclusion that the parties intended to be bound by the oral agreement, without regard to any subsequent memorialization of its...

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