UNITED PACIFIC INSURANCE COMPANY, Appellant,
v.
James G. ROCHE, Secretary of the Air Force, Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
DECIDED: August 18, 2004.
DECIDED: August 18, 2004.
Attorney(s) appearing for the Case
Gary A. Wilson, Duane Morris LLP, of Philadelphia, PA, argued for appellant. With him on the brief was Salil P. Patel.
Michael N. O'Connell, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and James M. Kinsella, Deputy Director. Of counsel on the brief was Major Graeme Henderson, Chief, Surety Litigation Branch, Air Force Legal Services Agency, of Arlington, Virginia. Also of counsel was William M. Lackermann, Jr., Attorney, Air Force Materiel Command Law Office, Wright-Patterson Air Force Base, of Dayton, OH.
Edward G. Gallagher, Wickwire Gavin, P.C., of Vienna, VA, for amicus curiae The Surety Association of America.
Before LOURIE, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and CLEVENGER, Circuit Judge.
United States Court of Appeals, Federal Circuit.
FRIEDMAN, Senior Circuit Judge.
A surety who completed performance of a defaulting government contractor seeks an equitable adjustment on various theories. The Armed Services Board of Contract Appeals ("Board") held that it had no jurisdiction over most of these claims under our recent decision in Fireman's Fund Insurance Co. v. England,313 F.3d 1344 (Fed.Cir.2002) ("Fireman's Fund"), and rejected the remaining claims...
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