United States Federal Circuit

Summary judgment for the government on a contractor's claim that a part of the regulatory scheme of the Service Contract Act of 1965 required the government to compensate it for increases in the cost of providing its employees with a defined-benefit health plan is reversed where it was error to grant summary judgment in favor of the government, and an abuse of discretion to deny summary judgment to the contractor.

Appellate Information

• Decided 07/28/2006
• Published 07/28/2006

Judges

• GAJARSA, Circuit Judge., Before, NEWMAN, GAJARSA, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Daniel B. Abrahams, Epstein Becker & Green, P.C, of Washington, DC, argued for appellant.   With him on the brief was Shlomo D. Katz., Terry R. Yellig, Sherman, Dunn, Cohen, Leifer & Yellig, P.C., of Washington, DC, for amicus curiae International Association of Machinists and Aerospace Workers, AFL-CIO., Mark D. Colley, Holland & Knight LLP, of Washington, DC, for amicus curiae Professional Services Council.   With him on the brief were David P. Metzger, Kara L. Daniels, and Eric L. Yeo.


• For Appellees:
  
• Maria T. Conneely, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee.   With her on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  and James M. Kinsella, Deputy Director.   Of counsel on the brief was John T. Lauro, Department of the Air Force, Air Force Legal Services Agency, of Arlington, Virginia.