Legal Opinion

Louis T. Falcone, Etc. v. Samuel R. Pierce, Jr., Etc.

Court of Appeals for the First Circuit

Decided December 29, 1988No. 88-1503PublishedCited by 28 opinions

1Opinion of the Court

COFFIN, Circuit Judge.

This is an appeal from the district court’s dismissal of plaintiff’s contract claim for rescission, based on misrepresentations by federal officials, against the federal government. The district court granted defendant’s motion to dismiss on the ground that courts generally do not apply equitable estoppel against the government in a contract action. Because we determine that on the facts alleged the plaintiff would be unable to establish a traditional element of equitable estoppel, i.e., justifiable reliance, we affirm on a different ground.

I

Appellant, Louis T. Falcone,…

2Cases cited7 opinions

  1. Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
  2. Heckler v. Community Health Services of Crawford County, Inc.Supreme Court of the United States · 1984
  3. M.D. Phelps and Irene K. Phelps v. Federal Emergency Management AgencyCourt of Appeals for the First Circuit · 1986
  4. Michael J. Shelton v. Carl L. Brunson, Col. U. S. Air Force, Commander 3500th Pilot Training Wing, Reese Air Force Base, TexasCourt of Appeals for the Fifth Circuit · 1972
  5. Pence v. BrownCourt of Appeals for the Eighth Circuit · 1980

2 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. K-Mart Corporation v. Oriental Plaza, Inc.Court of Appeals for the First Circuit · 1989
  2. Hachikian v. Federal Deposit InsuranceCourt of Appeals for the First Circuit · 1996
  3. Christine Kelley v. National Labor Relations BoardCourt of Appeals for the First Circuit · 1996
  4. Harrington v. Fall River Housing AuthorityMassachusetts Appeals Court · 1989
  5. In Re ColarussoBankruptcy Appellate Panel of the First Circuit · 2003

23 more not listed; retrieve them via the Exa API.

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