DIRECTV GROUP, INC. v. U.S.

No. 2010-5031.

670 F.3d 1370 (2012)

The DIRECTV GROUP, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

January 26, 2012.


Attorney(s) appearing for the Case

Alexander F. Wiles , Irell & Manella LLP, of Los Angeles, California, argued for the plaintiff-appellee. With him on the brief was Adam J. Fletcher . Of counsel on the brief was Alan C. Brown , Enterprise Business Law Group LLC, of McLean, Virginia.

C. Coleman Bird , Senior Trial Counsel, 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, Jeanne E. Davidson , Director, and Kirk T. Manhardt , Assistant Director. Of counsel on the brief was Lawrence S. Rabyne , Defense Contract Management Agency, of Arlington Heights, Illinois.

Richard D. Bernstein , Willkie Farr & Gallagher LLP, of Washington, DC, for amicus curiae. With him on the brief were Antonio Yanez, Jr. and Frank M. Scaduto . Of counsel on the brief were Carter G. Phillips and Howard Stanislawski , Sidley Austin LLP, of Washington, DC.

Opinion for the court filed PER CURIAM. Opinion dissenting-in-part filed by Circuit Judge GAJARSA.


PER CURIAM.

At issue in this appeal are the calculation and payment of segment closing adjustments associated with the sale of certain business units by DIRECTV Group, Inc. ("DIRECTV"). The United States ("Government") appeals the decision of the United States Court of Federal Claims in DIRECTV Group, Inc. v. United States, 89 Fed.Cl. 302 (2009), granting summary judgment in favor of DIRECTV. For the reasons stated...

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