HUGHES v. U.S.

Nos. 2006-5112, 2006-5118.

498 F.3d 1334 (2007)

Alfred D. HUGHES, Plaintiff-Appellee, and El Paso Holding Corporation, Plaintiff-Cross Appellant, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 29, 2007.


Attorney(s) appearing for the Case

John K. Villa, Williams & Connolly LLP, of Washington, DC, argued for plaintiff-appellee and plaintiff-cross appellant. Of counsel on the brief were David S. Blatt, Ryan T. Scarborough, Richard A. Olderman and Dov P. Grossman.

Kenneth M. Dintzer, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. On the brief was Stuart E. Schiffer, Deputy Assistant Attorney General. Of counsel on the brief were Jeanne E. Davidson, Director, William F. Ryan, Assistant Director, and Arlene Pianko Groner, Trial Attorney.

Before MAYER, RADER, and MOORE, Circuit Judges.


MOORE, Circuit Judge.

The United States appeals three holdings in two decisions of the Court of Federal Claims in this Winstar breach of contract case. Hughes v. United States, 58 Fed.Cl. 291 (2003) (Hughes I); Hughes v. United States, 71 Fed.Cl. 284, 287 (2006) (Hughes II). First, the government challenges the court's conclusion that an individual corporate officer, Alfred Hughes (Hughes), had standing to sue for breach of contract...

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