United States Fourth Circuit

Where the government prepared the terms of the contract, including the permissive arbitration clause, and imposed the terms on the defendant, sovereign immunity does not permit the Government to sue a third party and then pick and choose the judicial constraints and contractual obligations with which it will abide.

Appellate Information

• Argued 11/02/2000
• Decided 03/27/2001
• Published 03/27/2001

Judges

• Before WIDENER and KING, Circuit Judges, and SEYMOUR, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Barry Steven Simon, Williams & Connolly, L.L.P., Washington, DC, for Appellant.  S. Hollis Fleischer, Assistant United States Attorney, Baltimore, MD, for Appellee. ON BRIEF:  William R. Murray, Jr., Eric R. Delinsky, Williams & Connolly, L.L.P., Washington, DC, for Appellant.  Lynne A. Battaglia, United States Attorney, Baltimore, MD, for Appellee.