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ENERGY CAPITAL CORP. v. U.S.

No. 01-5018.

302 F.3d 1314 (2002)

ENERGY CAPITAL CORP. (as General Partner of Energy Capital Partners Limited Partnership), Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: August 14, 2002.

Attorney(s) appearing for the Case

Michael S. Gardener, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., of Boston, MA, argued for plaintiff-appellee. With him on the brief was Laurence A. Schoen.

Mark L. Josephs, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; and David M. Cohen, Director. Of counsel on the brief were Jeffrey A. Belkin and Allison A. Page, Trial Attorneys. Also of counsel on the brief were Carole W. Wilson, Associate General Counsel; and William Lane, Trial Attorney, Office of General Counsel, Department of Housing and Urban Development, of Washington, DC.

Before CLEVENGER, SCHALL, and LINN, Circuit Judges.

SCHALL, Circuit Judge.

The United States appeals from the final decision of the United States Court of Federal Claims that awarded Energy Capital Corp. ("Energy Capital") $10,082,000 in lost profits in its suit against the United States for breach of contract. Energy Capital Corp. v. United States, 47 Fed. Cl. 382 (2000), amended by Energy Capital Corp. v. United States, No. 97-23C (Fed. Cl. Dec. 19, 2000). After holding that Energy Capital had established...

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