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J.G.B. ENTERPRISES, INC. v. U.S.

No. 2005-5065.

497 F.3d 1259 (2007)

J.G.B. ENTERPRISES, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 2, 2007.

Attorney(s) appearing for the Case

Joseph A. Camardo, Jr., Law Firm of Joseph A. Camardo, Jr., of Auburn, NY, for plaintiff-appellee. Of counsel was Kevin M. Cox.

Meredyth D. Cohen, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. On the brief were Peter D. Keisler, Assistant Attorney General, Jeanne E. Davidson, Director, Franklin E. White, Jr., Assistant Director, and Nancy M. Kim, Trial Attorney.

Before MICHEL, Chief Judge, BRYSON and DYK, Circuit Judges.

MICHEL, Chief Judge.

The United States appeals a final judgment of the United States Court of Federal Claims in an action filed by plaintiff J.G.B. Enterprises, Inc. ("JGB") relating to a contract between the United States and Capital City Pipes ("CCP"). The Court of Federal Claims held that the government cannot setoff payments owed to JGB, a subcontractor and third party beneficiary, with debts owed by prime contractor CCP on other, unrelated contracts that do not...

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