NYCAL OFFSHORE DEVELOPMENT CORP. v. U.S.

No. 2013-5001.

743 F.3d 837 (2014)

NYCAL OFFSHORE DEVELOPMENT CORPORATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 20, 2014.


Attorney(s) appearing for the Case

Theodore B. Olson , Gibson, Dunn & Crutcher LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Scott P. Martin.

Gregg M. Schwind , Senior Trial Counsel, 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, Patricia M. McCarthy , Assistant Director, and Allison Kidd-Miller , Senior Trial Counsel. Of counsel on the brief were Daniel W. Kilduff and Matthew T. Ballenger , Attorneys, Office of the Solicitor, United States Department of the Interior, of Washington, DC.

Before NEWMAN, LOURIE, and BRYSON, Circuit Judges.


BRYSON, Circuit Judge.

This damages dispute is the last phase of litigation over a number of offshore oil and gas leases that the United States sold to oil companies in the 1980s. The litigation began in 2002, when the plaintiff oil companies filed breach of contract actions against the government in the Court of Federal Claims. After a trial, the court held that the government had breached its contracts with the oil companies by preventing them from drilling for...

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