United States Federal Circuit

Where contract fulfillment would have been impossible prior to the contract's execution and other evidence also tends to suggest that the breaching party had reason to know of the impossibility, the doctrine of impossibility will not excuse performance.

Appellate Information

• Decided 07/03/2001
• Published 07/03/2001

Judges

• MICHEL, Circuit Judge., Before NEWMAN, MICHEL, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Rudolph F. Pierce,Goulston & Storrs, of Boston, MA, argued for plaintiff-appellant.   Of counsel was William A. Horne.


• For Appellees:
  
• Gregory T. Jaeger, 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.   Of counsel on the brief was Gareth Rosenau, Attorney, Federal Railroad Administration, of Washington, DC.