BOEING CO. v. UNITED STATES

2023-1018.

119 F.4th 17 (2024)

The BOEING COMPANY, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: October 4, 2024.


Attorney(s) appearing for the Case

Scott M. McCaleb, Wiley Rein, LLP, Washington, DC, argued for plaintiff-appellant. Also represented by Jon W. Burd, George Emil Petel, Gary Scott Ward; Jade Totman, The Boeing Company, Arlington, VA.

Daniel B. Volk, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Brian M. Boynton, Elizabeth Marie Hosford, Borislav Kushnir, Patricia M. McCarthy.

Before Taranto, Hughes, and Stoll, Circuit Judges.


The Boeing Company appeals the final decision of the Court of Federal Claims dismissing Boeing's complaint in its entirety. Boeing's complaint contained three contract claims (Counts I, II, and III) and an illegal exaction claim (Count IV). On cross-motions for summary judgment, the trial court "decline[d] to extend its jurisdictional...

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