TANADGUSIX CORP. v. HUBER

No. 02-36142.

404 F.3d 1201 (2005)

TANADGUSIX CORPORATION; Bering Sea Eccotech, Inc., Plaintiffs-Appellants, v. Dierdre HUBER, Director, Property Management Division, General Services Administration, in her official capacity; Stephen A. Perry, Administrator, General Services Administration, in his official capacity; Hector V. Barreto, Administrator, Small Business Administration, in his official capacity; United States of America; James Jobkar, Alaska Department of Administration, Division of General Services, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 21, 2005.


Attorney(s) appearing for the Case

Thomas P. Schlosser, Morisset, Schlosser, Jozwiak & McGaw, Seattle, WA, for the appellants.

Marjorie L. Vandor (briefed), Assistant Attorney General, Alaska Department of Law, Juneau, AK, for appellee James Jobkar, Alaska Department of Administration.

Thomas M. Bondy, Department of Justice, Washington, D.C., for the federal appellees.

Before: HALL, KLEINFELD, and WARDLAW, Circuit Judges.


KLEINFELD, Circuit Judge:

We construe a federal surplus property agreement to determine whether the government correctly treated a condition of a transfer as breached.

Fact

The Aleutian Islands extend so far west of Alaska that, crossing the 180th Meridian, they become the easternmost part of the United States. They are a two thousand-mile-long archipelago of cold, rain, snow, and wind, that separates the North Pacific Ocean from the Bering Sea....

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