UNITED PACIFIC INS. CO. v. ROCHE

No. 03-1622.

380 F.3d 1352 (2004)

UNITED PACIFIC INSURANCE COMPANY, Appellant, v. James G. ROCHE, Secretary of the Air Force, Appellee.

United States Court of Appeals, Federal Circuit.

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.


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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases