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United States Federal Circuit


Entergy Nuclear Fitzpatrick, LLC v. US, 2012-5059

In the latest in a line of attempts by the government to raise the "unavoidable delays" defense in breach of contract actions stemming from its failure to accept Spent Nuclear Fuel (SNF) from the nation’s nuclear utilities, the Court of Federal Claims decision to strike the government's unavoidable delays defense is affirmed where the court correctly applied the Nebraska Public Power rule.

Appellate Information

  • Decided 04/02/2013
  • Published 04/02/2013

Judges

  • Rader

Court

  • United States Federal Circuit

Counsel

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