ADMIRAL FINANCIAL CORP. v. U.S.

No. 03-5168.

378 F.3d 1336 (2004)

ADMIRAL FINANCIAL CORPORATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 5, 2004.


Attorney(s) appearing for the Case

Thomas Meeks, Zuckerman, Spaeder, LLP, of Miami, FL, argued for plaintiff-appellant. Of counsel on the brief was Alan G. Greer, Richard Greer Weil Brumbaugh, Mirabito & Christensen, P.A., of Miami, FL, Of counsel was Lynn F. Kaufmann, Zuckerman, Spaeder, LLP, of Washington, DC.

Jeanne E. Davidson, Deputy Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Stuart E. Schiffer, Deputy Assistant Attorney General; David M. Cohen, Director; Kenneth M. Dintzer, Senior Trial Counsel; and Arlene Pianko Groner and Daniel D. McClain, Trial Attorneys.

Before MAYER, Chief Judge, RADER, and BRYSON, Circuit Judges.


BRYSON, Circuit Judge.

This is a Winstar-related breach of contract case. See United States v. Winstar Corp., 518 U.S. 839, 116 S.Ct. 2432, 135 L.Ed.2d 964 (1996). The Court of Federal Claims held that prior to any breach by the government, appellant Admiral Financial Corporation anticipatorily breached the contract. The Court of Federal Claims further held that, even if Admiral did not anticipatorily breach the contract...

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