United States Federal Circuit

Per the parties' agreements of 1940 and 1946, plaintiff is entitled to indemnification for all claims - including CERCLA-related costs - arising from an ordnance plant built and operated for the government during World War II. The 1944 Contract Settlement Act authorized the government to give the indemnification at issue.

Appellate Information

• Decided 04/28/2004
• Published 04/28/2004

Judges

• MICHEL, Circuit Judge., Before MICHEL, RADER and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Richard P. Bress,Latham & Watkins, of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Maureen E. Mahoney, Latham & Watkins, of Washington, DC;  and John McGahren, Latham & Watkins, of Newark, New Jersey., Alfred M. Wurglitz, O'Melveny & Myers LLP, of Washington, DC, for amicus curiae American Chemistry Council.   With him on the brief were Walter Dellinger and Jonathan D. Hacker.


• For Appellees:
  
• Kyle E. Chadwick, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  and Robert E. Kirschman, Jr., Assistant Director.