United States Federal Circuit

Plaintiff breached his contracts for the fiscal years 1994, 1995, and 1996, by failing to pay the full indirect costs of administering federal programs, where there were available appropriations to pay defendant its full indirect costs, because there were no statutory caps on funding in the appropriations acts for the relevant fiscal years.

Appellate Information

• Decided 07/03/2003
• Published 07/03/2003

Judges

• DYK, Circuit Judge., Before CLEVENGER, SCHALL, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jeffrica Jenkins Lee, Attorney, Appellate Staff, Civil Division, Department of Justice, of Washington, DC, argued for appellant.   With her on the brief was Robert D. McCallum, Jr., Assistant Attorney General;  and Barbara C. Biddle, Attorney., Michael P. Gross, M.P. Gross & Associates, P.C., of Santa Fe, NM for amicus curiae Ramah Navajo Chapter.   Of counsel on the brief was Carl Bryant Rogers, Roth, VanAmberg, Rogers, Ortiz, Fairbanks & Yepa, LLP, of Santa Fe, NM., Marsha Kostura Schmidt, Hobbs, Straus, Dean & Walker, LLP, of Washington, DC, for amicus curiae Alamo-Navajo School Board, et al., Shelby Settles, National Congress of American Indians, of Washington, DC, for amicus curiae National Congress of American Indians.


• For Appellees:
  
• Lloyd Benton Miller, Sonosky, Chambers, Sachse, Miller & Munson, of Anchorage, AK, argued for appellee.   With him on the brief was Melanie B. Osborne.