United States Federal Circuit

In an action alleging that defendant-government breached loan contracts between the parties, dismissal of the lawsuit is affirmed where: 1) the Court of Federal Claims' correctly determined that the transactions underpinning plaintiffs' acceptance of incentive loans triggered breach of the original loan agreements and commencement of the six-year statute of limitations; 2) the claims were barred by the six-year statute of limitations of the Tucker Act; 3) plaintiffs had no remaining viable claim for a failure to allow prepayment of the original pre-1979 loans in the extended period or otherwise; 4) the Court of Federal Claims correctly ignored plaintiffs' contentions relating to an alleged breach of incentive loans; and 5) there was no abuse of discretion in denying leave to plaintiffs to introduce separate and independent causes of action.

Appellate Information

• Decided 12/22/2008
• Published 12/22/2008

Judges

• WARE, District Judge., Before MICHEL, Chief Judge, LINN, Circuit Judge, and WARE, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• H. Robert Fiebach, Cozen O'Connor, Philadelphia, PA, argued for plaintiff-appellant.   With him on the brief was David M. Doret.


• For Appellees:
  
• Jeanne E. Davidson, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were Gregory G. Katsas, Assistant Attorney General, Brian M. Simkin, Assistant Director, and Shalom Brilliant, Senior Trial Counsel.