United States Federal Circuit

The district court's ruling, finding that plaintiff was not an intended third-party beneficiary of a government contract, is affirmed where plaintiff failed to present any evidence that a government agent with actual authority intended to benefit plaintiff through the contract.

Appellate Information

• Decided 09/27/2005
• Published 09/27/2005

Judges

• CLEVENGER, Circuit Judge., Before CLEVENGER, BRYSON, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John W. Allen, Varnum, Riddering, Schmidt & Howlett, LLP, of Grand Rapids, Michigan, argued for plaintiff-appellant.   With him on the brief was Perrin Rynders.   Of counsel was Cynthia W. Warren.


• For Appellees:
  
• Claudia Burke, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Harold D. Lester, Jr., Assistant Director.