United States Federal Circuit

Intent of the parties to the contract is not sufficient to make them third party beneficiaries because in order to prove third party beneficiary status, a plaintiff must demonstrate that the contract reflects the express or implied intention to benefit the plaintiff.

Appellate Information

• Decided 07/24/2001
• Published 07/24/2001

Judges

• ARCHER, Senior Circuit Judge., Before MICHEL, Circuit Judge, ARCHER, Senior Circuit Judge, and SCHALL, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Peter J. Broullire, III, of Albuquerque, NM, argued for plaintiffs-appellees., John V. Thomas, Associate General Counsel, Federal Deposit Insurance Corporation, of Washington, DC, argued for plaintiff-appellee.   With him on the brief were David L. Creskoff, Tina A. Lamoreaux, Stephen C. Zachary, and John F. Elmore, Attorneys., Jeanne E. Davidson, Deputy Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant.   With her on the brief were David M. Cohen, Director;  Katherine M. Kelly, Kenneth M. Dintzer, Michael M. Duclos, William G. Kanellis, and Kenneth Kulak, Trial Attorneys.   Of counsel was Mark A. Melnick, Assistant Director.