United States Federal Circuit

In a case involving claims related to plaintiff's work under a construction contract with the government, summary judgment for the government is affirmed where: 1) a claim cannot be split between an agency board and the Court of Federal Claims under the Contract Disputes Act; and 2) claims brought by plaintiff before two separate agencies were based on "the same set of transactional facts" for purposes of res judicata.

Appellate Information

• Decided 04/23/2008
• Published 04/23/2008

Judges

• DYK, Circuit Judge., Before LOURIE, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• David A. Tomlinson, of Granbury, Texas, argued for plaintiff-appellant.


• For Appellees:
  
• Dawn S. Conrad, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were Jeanne E. Davidson, Director, and Harold D. Lester, Jr., Assistant Director.   Of counsel on the brief was John S. McMunn, Senior Trial Attorney, United States Department of the Navy, of Alameda, CA.