Seaboard Lumber Company and Capital Development Company v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
LINN, Circuit Judge.
Seaboard Lumber Co. (“Seaboard”) and Capital Development Co. (“CDC”) jointly appeal from decisions of the United States Court of Federal Claims assessing liability and awarding damages to the government resulting from the respective failures of each of the companies to perform on different timber sales contracts. Seaboard Lumber Co. v. United States, 48 Fed. Cl. 814 (2001) (“Seaboard II ”); Capital Dev. Co. v. United States, 49 Fed. Cl. 178 (2001). Seaboard also appeals from the rejection as a matter of law of its nonperformance defenses of force majeure, impossibility of…
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