United States Federal Circuit

Because the Court of Federal Claims erroneously focused its ruling on the reasonableness of a stealth aircraft's delivery deadline, it did not make adequate findings on whether the Navy justifiably terminated the contractors for default. Unilateral schedule imposed by the government was enforceable and not waived, and the Military and State Secrets privilege precluded litigation of the contractors' "superior knowledge" claim.

Appellate Information

• Decided 03/17/2003
• Published 03/18/2003

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Caryl A. Potter, III,Sonnenschein Nath & Rosenthal, of Washington, DC, for plaintiff-appellant McDonnell Douglas Corporation.   With him on the brief was Elizabeth A. Ferrell.   Of counsel on the brief was John W. Walbran,McDonnell Douglas Corporation, of St. Louis, MO., Donald B. Verrilli, Jr., Jenner & Block, LLC, of Washington, DC, argued for plaintiff-appellant General Dynamics Corporation.   With him on the brief were David A. Churchill and Thomas J. Perrelli.   Of counsel on the brief were Linda L. Listrom, and Gregory S. Gallopoulos, Jenner & Block, of Chicago, IL. Of counsel was Deanne E. Maynard., Richard G. Taranto, Farr & Taranto, of Washington, DC, for amicus curiae appellants National Defense Industrial Association., Ralph C. Nash, Jr., of Washington, DC, for amicus curiae Aerospace Industries Association.   Of counsel on the brief were Marcia G. Madsen and David F. Dowd, Mayer, Brown, Rowe & Maw, of Washington, DC.


• For Appellees:
  
• David M. Cohen, Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-cross appellant.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  Bryant G. Snee, Assistant Director;  Patricia M. McCarthy, Senior Trial Attorney, and Lawrence N. Minch, Attorney.   Of counsel on the brief were George P. Williams, Wendell A Kjos, Robert C. Manley, and Mark A. Romano, Navy Office of General Counsel, Department of the Navy, of Arlington, VA.