United States Federal Circuit

In a case arising from contracts to produce military clothing and defaulted loans to finance plaintiff's performance of the contracts, dismissal of plaintiff's suit for lack of subject matter jurisdiction is reversed in part where the court had jurisdiction over a claim of breach of a settlement agreement with the government, but the claim is remanded with directions to enter judgment in favor of the government on the merits.

Appellate Information

• Decided 01/29/2007
• Published 01/29/2007

Judges

• PROST, Circuit Judge., Before BRYSON and PROST, Circuit Judges, and SARIS, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Scott Michael Cantor, Graziadei & Cantor, Ltd., of Las Vegas, NV, argued for plaintiff-appellant.


• For Appellees:
  
• Timothy P. McIlmail, 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 Donald E. Kinner, Assistant Director.   Of counsel on the brief was Kathleen Hallam, Office of Counsel, Defense Supply Center, Philadelphia, of Philadelphia, PA.