United States Federal Circuit

In a suit over the assignment of claims against the United States for breach of a contract to remove and dispose of spent nuclear waste, summary judgment for defendant is affirmed where the United States may waive the prohibition in the Anti-Assignment Act against the assignment of claims against the United States, and thereby validate an assignment that the Act otherwise would prohibit.

Appellate Information

• Decided 09/18/2008
• Published 09/18/2008

Judges

• FRIEDMAN, Circuit Judge., Before LINN, FRIEDMAN, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Frederick M. Lowther, Dickstein Shapiro LLP, of Washington, DC, argued for plaintiffs-appellants.   With him on the brief were Richard J. Conway, Bradley D. Wine, and Joseph R. Berger.


• For Appellees:
  
• Harold D. Lester, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States.   With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, Alan J. Lo Re, Senior Trial Counsel, and Joshua E. Gardner, Trial Attorney.   Of counsel was Jane K. Taylor, Attorney, United States Department of Energy, of Washington, DC., Alex D. Tomaszczuk, Pillsbury Winthrop Shaw Pittman LLP, of McLean, Virginia, argued for defendants-appellees PSEG Nuclear, LLC, et al.   With him on the brief were Daniel S. Herzfeld, and Jay E. Silberg, of Washington, DC.