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BOSTON EDISON CO. v. U.S.

Nos. 2010-5136, 2010-5137.

658 F.3d 1361 (2011)

BOSTON EDISON COMPANY, Plaintiff-Appellee, and Entergy Nuclear Generation Company, Plaintiff-Cross Appellant, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 28, 2011.

Attorney(s) appearing for the Case

Richard J. Conway , Dickstein Shapiro, LLP, of Washington, DC, argued for the plaintiff-appellee. With him on the brief were Bradley D. Wine , Nicholas W. Mattia, Jr. and Pablo A. Nichols . Of counsel was Erin L. Webb .

Michael B. Wallace , Wise, Carter, Child & Caraway, P.A., of Jackson, Mississippi, argued for the plaintiff-cross appellant. With him on the brief was Layton Jager Smith, Jr.

Alan J. Lo Re , Assistant Director, Commercial Litigation Branch , Civil Division, United States Department of Justice, of Washington, DC, argued for the defendant-appellant. With him on the brief were Tony West , Assistant Attorney General, and Jeanne E. Davidson , Director. Of counsel on the brief were Harold D. Lester, Jr. , Assistant Director, Patrick B. Bryan , Joseph D. Keller , Michelle R. Milberg and Shari A. Rose , Trial Attorneys; and Jane K. Taylor , Office of General Counsel, United States Department of Energy, of Washington, DC.

Before BRYSON, LINN, and O'MALLEY, Circuit Judges.

BRYSON, Circuit Judge.

This is another in a series of cases dealing with the consequences of the federal government's ongoing breach of its contractual obligation to collect and dispose of the nation's nuclear waste. Our recent precedent dictates the outcome of two of the issues raised in this litigation—the right of a non-breaching party contracting with the government to recover indirect overhead costs associated with mitigation activities, and the right...

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