United States First Circuit

Summary judgment for defendant-agency in a case regarding the auction of a shipyard is affirmed where plaintiff forfeited its right to challenge the agency's actions by failing to apprise the agency of its position in a timely fashion.

Appellate Information

• Decided 06/09/2006
• Published 06/09/2006

Judges

• HOWARD, Circuit Judge., Before HOWARD, Circuit Judge, COFFIN and CAMPBELL, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Edward Foye with whom Christopher Weld, Jr., Howard M. Cooper and Todd & Weld LLP, were on brief, for appellants.


• For Appellees:
  
• Eric D. Miller, Attorney, Appellate Staff, Civil Division, United States Department of Justice with whom Peter D. Keisler, Assistant Attorney General, Michael J. Sullivan, United States Attorney and Anthony J. Steinmeyer, Attorney, Appellate Staff, Civil Division, United States Department of Justice, were on brief, for appellees, Maritime Administration, et al., Christopher J. Cunio with whom Harry L. Manion, III, Frank A. Marinelli, Jaimie A. McKean, and Cooley Manion Jones LLP, were on brief, for appellees K. Spillane, LLC and March Fourth, LLC., Jay T. Farraher with whom Paul T. Fox, Gretchen N. Miller and Greenberg Traurig, LLP, were on brief, for appellees, Perfection Machinery Sales, Inc., and Myron Bowling Auctioneers.