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LUMBERMENS MUT. CAS. CO. v. U.S.

Nos. 2010-5086, 2010-5087.

654 F.3d 1305 (2011)

LUMBERMENS MUTUAL CASUALTY COMPANY, Plaintiff-Cross Appellant, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 3, 2011.

Attorney(s) appearing for the Case

Mark G. Jackson , Ball Janik, LLP, of Seattle, Washington, argued for plaintiff-cross appellant. With him on the brief was Matthew C. Hoyer , of Washington, DC.

Donald E. Kinner , Assistant Director, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director and Christopher L. Krafchek , Trial Attorney. Of counsel was Leslie Cayer Ohta.

Edward G. Gallagher , the Surety & Fidelity Association of America, of Washington, DC, for amicus curiae the Surety & Fidelity Association of America.

Before BRYSON, MAYER and DYK, Circuit Judges.

DYK, Circuit Judge.

This case requires us to decide three issues concerning the jurisdiction of the United States Court of Federal Claims ("Claims Court") in actions brought by Miller Act sureties against the United States. See 40 U.S.C. § 3131(b) (2006) (formerly 40 U.S.C. § 270a).

In Insurance Company of the West v. United States, 243 F.3d 1367, 1375 (Fed. Cir.2001) [hereinafter ICW], we held...

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