United States Federal Circuit

In an action brought by a payment bond surety against the government arising from the government's failure to follow the surety's request that payments to a contractor be held for the surety's benefit, summary judgment against the government is affirmed as the Court of Federal Claims correctly held that the payment bond surety was equitably subrogated to the rights of the contractor whose debt it discharged.

Appellate Information

• Decided 08/23/2007
• Published 08/23/2007

Judges

• PROST, Circuit Judge., Before LINN, Circuit Judge, CLEVENGER, Senior Circuit Judge, and PROST, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Edward G. Gallagher, The Surety & Fidelity Association of America, of Washington, DC, for amicus curiae.


• For Appellees:
  
• Robert L. Magrini, Hayes Magrini & Gatewood, of Oklahoma City, OK, argued for plaintiff-appellee.   With him on the brief was Brigid F. Kennedy, Kennedy Law Firm, of Oklahoma City, OK., Kirk T. Manhardt, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   On the brief were Peter D. Keisler, Assistant Attorney General, Jeanne E. Davidson, Director, Brian M. Simkin, Assistant Director, and Roger A. Hipp, Trial Attorney.