United States Federal Circuit

Grant of quantum valebant relief is proper where valuation was based on products actually delivered by plaintiff to the government, but government may pursue counterclaims for refunds of amounts paid in excess of the contract's fair market value.

Appellate Information

• Decided 03/13/2001
• Published 03/13/2001

Judges

• LINN, Circuit Judge., Before MICHEL, RADER, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• James D. Bachman,Doyle & Bachman LLP, of Arlington, VA, argued for plaintiff-appellee.   With him on the brief was Scott W. Woehr., Sheryl L. Floyd, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant.   With her on the brief was David M. Cohen, Director.   Of counsel on the brief was Karen Schools, Defense Energy Support Center, Defense Logistics Agency, Ft. Belvoir, VA.