United States Federal Circuit

In a breach of contract action, dismissal of plaintiff's damages claim is affirmed where its contract claim for partial breach precluded present recovery for future damages.

Appellate Information

• Decided 09/09/2005
• Published 09/09/2005

Judges

• MAYER, Circuit Judge., Before MAYER, LOURIE, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Alexander D. Tomaszczuk, Shaw Pittman LLP, of McLean, Virginia, argued for plaintiff-appellant.   With him on the brief were Jay E. Silberg, Devon E. Hewitt, Michael G. Lepre, Daniel S. Herzfeld, and Jack Y. Chu, of Washington, DC., Jerry Stouck, Spriggs & Hollingsworth, of Washington, DC, for amici curiae Yankee Atomic Electric Company, et al.  Richard W. Oehler, Perkins Coie LLP, of Seattle, Washington, for amicus curiae Wisconsin Electric Power Company.   With him on the brief were Martin P. Willard and Donald J. Carney, of Washington, DC;  Ronald A. Schechter, Amold & Porter LLP, of Washington, DC, for amici curiae Southern Nuclear Operating Company, et al.   With him on the brief was Robert L. Shapiro;  Howard N. Cayne, Arnold & Porter LLP, of Washington, DC, for amicus curiae Sacramento Municipal Utility District.   With him on the brief was Timothy R. Macdonald;  and Norman M. Hirsch, Jenner & Block LLP, of Chicago, Illinois, for amici curiae Energy Northwest, et al.   With him on the brief was David Jiménez-Ekman., Joseph M. Perillo, Fordham Law School, of New York, New York, for amici curiae The Detroit Edison Company, et al.


• For Appellees:
  
• Harold D. Lester, Jr., Assistant Director, 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 and David M. Cohen, Director.   Of counsel on the brief were John C. Ekman, Heide L. Herrmann, and Marian E. Sullivan, Trial Attorneys.   Also, of counsel was Scott Damelin.   Of counsel on the brief was Jane K. Taylor, Attorney, Office of General Counsel, United States Department of Energy, of Washington, DC.