United States Federal Circuit

In an action against the government raising breach of contract and takings claims involving an HUD-insured loan used in developing a multi-family rental housing project, summary judgment for the government on the contract claim is reversed as the lower court's reliance on the sovereign acts doctrine as a basis for excusing the government's breach was misplaced.

Appellate Information

• Decided 09/27/2007
• Published 09/27/2007

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Gerson B. Kramer, of Silver Spring, MD, argued for plaintiff-appellant.


• For Appellees:
  
• Kenneth M. Dintzer, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   On the brief were Peter D. Keisler, Assistant Attorney General, Brian M. Simkin, Assistant Director, and Sean M. Dunn, Trial Attorney.