United States Federal Circuit

Congress' passage of the Emergency Low Income Housing Preservation Act of 1987, 42 USC 1472(c), constituted an actual breach, not merely a repudiation, of plaintiffs' loan contracts with the Department of Agriculture, so plaintiffs' claims, brought in 1997, are barred by the six year statute of limitations, 28 USC 2501.

Appellate Information

• Decided 02/15/2001
• Published 02/15/2001

Judges

• SCHALL, Circuit Judge., Before MAYER, Chief Judge, NEWMAN, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jeff H. Eckland,Faegre & Benson LLP, of Minneapolis, Minnesota, argued for plaintiffs-appellants.   With him on the brief were John F. Beukema, William L. Roberts, and Mark J. Blando.


• For Appellees:
  
• Mark L. Josephs, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief was David M. Cohen, Director.