United States Federal Circuit

Where recruiters made promises of lifetime free health care to armed forces members who served twenty years, the implied-in-fact contract is binding on the government even if the terms conflict with military regulations concerning the dispensing of health care.

Appellate Information

• Decided 02/09/2001
• Published 02/09/2001

Judges

• Before MAYER, Chief Judge, NEWMAN and MICHEL, Circuit Judges, PLAGER, Senior Circuit Judge, LOURIE, CLEVENGER, RADER, SCHALL, BRYSON, GAJARSA, LINN, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• George E. Day,Day and Meade, P.A., of Ft. Walton Beach, FL, argued for plaintiffs-appellants.   With him on the brief was Timothy I. Meade.   Of counsel was Henry M. Holzer, of Santa Fe, NM., John A. Dragseth, Fish & Richardson, P.C., P.A., of Minneapolis, MN, for amici curiae Disabled American Veterans, et al.   With him on the brief was Richard J. Anderson., Jonathan S. Williams, of Goldsboro, NC, for amicus curiae The Alliance of Retired Military, etc.


• For Appellees:
  
• E. Roy Hawkens, Attorney, Appellate Staff, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  and Barbara C. Biddle, Attorney.