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UNITED PACIFIC INS. CO. v. U.S.

No. 06-5023.

464 F.3d 1325 (2006)

UNITED PACIFIC INSURANCE COMPANY, Reliance Insurance Company, and Reliance National, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 20, 2006.

Attorney(s) appearing for the Case

Gary A. Wilson, Post & Schell, PC, of Philadelphia, Pennsylvania, argued for plaintiffs-appellants.

Michael N. O'Connell, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and James M. Kinsella, Deputy Director.

Before SCHALL, LINN, and DYK, Circuit Judges.

SCHALL, Circuit Judge.

United Pacific Insurance Company, Reliance Insurance Company, and Reliance National (collectively, "United Pacific") brought suit against the government in the United States Court of Federal Claims under the Tucker Act, 28 U.S.C. § 1491(a)(1). In its suit, United Pacific, which had acted as a Miller Act surety in connection with a government construction project, sought to recover in quantum meruit...

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