United States Federal Circuit

A purported loss in value of oil and gas leases is not a tangible benefit imparted under the contract before its repudiation, so the law of restitution does not require it to be credited. The law entitles the parties to restitution whether the contracts would, or would not, ultimately have produced a financial gain or led them to obtain a definite right to explore.

Appellate Information

• Decided 12/28/2000
• Published 01/04/2001

Judges

• PAULINE NEWMAN, Circuit Judge., Before NEWMAN, Circuit Judge, PLAGER, Senior Circuit Judge, and RADER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Carter G. Phillips,Sidley & Austin, of Washington, DC, argued for plaintiffs-appellees.   On the brief were E. Edward Bruce, Steven J. Rosenbaum, and Karen A. Ballotta, Covington and Burling;  and Richard D. Bernstein and Griffith L. Green, Sidley & Austin, of Washington, DC., Mark A. Melnick, Assistant Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were, David W. Ogden, Assistant Attorney General, and David M. Cohen, Director.