United States Federal Circuit

10 U.S.C. section 2324(k) does not require or permit the apportionment of contractor costs associated with a proceeding among various claims where the proceeding is resolved through consent or compromise, and no such costs are allowable except as expressly provided by the settlement agreement.

Appellate Information

• Decided 04/29/2004
• Published 04/29/2004

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Domenique Kirchner, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellant.   With her on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  and Bryant G. Snee, Assistant Director.   Of counsel on the brief were Thomas B. Pender, Attorney, Defense Contract Management Agency, of Manassas, VA;  and Charles W. Goeke, Attorney, Defense Contract Management Agency, of Philadelphia, PA.


• For Appellees:
  
• Susan C. Levy, Jenner & Block, LLC, of Chicago, IL, argued for appellee.   With her on the brief were Donald B. Verrilli, Jr. and David A. Churchill, Jenner & Block, LLC, of Washington, DC.