United States Federal Circuit

In a case stemming from a contract under which plaintiff agreed to build and operate a mini-storage facility at a naval air station, a ruling that plaintiff did not prove that the government's breach resulted in lost profits for him is affirmed. However, an award of attorney's fees to the contractor under the Equal Access to Justice Act is vacated where the award of over $100,000 in fees, in a case in which the contractor recovered damages of $400, could not stand.

Appellate Information

• Decided 03/20/2007
• Published 03/20/2007

Judges

• FRIEDMAN, Senior Circuit Judge., Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Steve McNichols, McNichols Randick O'Dea & Tooliatos, LLP, of Pleasanton, California, argued for plaintiff-cross appellant.   Of counsel was Leslie A. Baxter.


• For Appellees:
  
• Kenneth M. Dintzer, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director.   Of counsel were Harold D. Lester, Jr., Assistant Director, Nancy Kim and John N. Kane, Jr., Attorneys.