INDIAN HARBOR INS. CO. v. U.S.

No. 2012-5030.

704 F.3d 949 (2013)

INDIAN HARBOR INSURANCE COMPANY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 11, 2013.


Attorney(s) appearing for the Case

Scott A. Schipma , Winston & Strawn LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief was David C. Romm.

David D'Alessandris , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Franklin E. White, Jr. , Assistant Director. Of counsel on the brief was Jonelle Dilley , Trial Attorney, Navy Litigation Office, Office of the General Counsel, United States Department of Navy, of Washington, DC.

Before NEWMAN, LOURIE, and O'MALLEY, Circuit Judges.


O'MALLEY, Circuit Judge.

Indian Harbor Insurance Company ("Indian Harbor") appeals the final judgment of the Court of Federal Claims dismissing Indian Harbor's Second Amended Complaint. In that complaint, Indian Harbor sought reimbursement under Section 330 of the National Defense Authorization Act of 1993, Pub. L. No. 102-484, Div. A, Title IU, § 330, 106 Stat. 2315, 2371 (Oct 23, 1992), amended by Pub. L. No. 103-160, Div. A, Title X, § 1002, 107 Star...

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