United States Federal Circuit

A subrogee may rely on the waiver of sovereign immunity in the Tucker Act, 28 USC 1491, after stepping into the shoes of a government contractor, and bring suit against the United States.

Appellate Information

• Decided 03/23/2001
• Published 03/23/2001

Judges

• Before CLEVENGER, Circuit Judge, SMITH, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Edward G. Gallagher, Wickwire Gavin, P.C., of Vienna, VA, for amicus curiae The Surety Association of America.


• For Appellees:
  
• Robert M. Wright,Whiteford, Taylor & Preston, L.L.P., of Baltimore, MD, argued for plaintiff-appellee.   With him on the brief was Gerard P. Sunderland., James M. Kinsella, Deputy Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant.   On the brief were David M. Cohen, Director;  Robert E. Kirschman, Assistant Director;  and Katherine A. Barski, Attorney.   Of counsel on the brief was Major James D. Slear, Attorney, Commercial Litigation Division, AFLSA/JACN, Department of the Air Force, of Arlington, VA.