U.S. v. RENDA

No. 11-41203.

709 F.3d 472 (2013)

UNITED STATES of America, Plaintiff-Appellee v. Oscar RENDA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 20, 2013.


Attorney(s) appearing for the Case

John Robert Kresse , Trial Attorney, U.S. Department of Justice, Civil Div., Commercial Litigation Branch, Charles Edward Canter , Trial Attorney, U.S. Department of Justice, Civil Division, Washington, DC, J. Kevin McClendon , U.S. Attorney's Office, Eastern District of Texas, Piano, TX, Paul Alexander Petty , U.S. Army Corps of Engineers, Galveston, TX, for Plaintiff-Appellee.

David E. Keltner , Marianne Marsh Auld , Jody Scott Sanders , William Nolan Warren , Jeffrey Eric Whitfield , Kelly, Hart & Hallman, L.L.P., Fort Worth, TX, for Defendant-Appellant.

Before DeMOSS, SOUTHWICK, and HIGGINSON, Circuit Judges.


HIGGINSON, Circuit Judge.

This case, which arose out of a government dredging contract, requires us to delimit the scope of a corporate officer's personal liability under 31 U.S.C. § 3713 (the "Priority Statute"). Specifically, we are called upon to decide (1) whether the decision of a contracting officer rendered pursuant to the Contract Disputes Act of 1978, as amended, 41 U.S.C. § 7101 et seq. (the "CDA"), constitutes a "claim" within the meaning of the...

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