Legal Opinion

Centex Corp. v. United States

United States Court of Federal Claims

Decided July 6, 2001No. 96-494CPublishedCited by 24 opinions

1Opinion of the Court

OPINION

BRUGGINK, Judge.

This Winstar-related1 case raises the question of whether, when Congress targets tax legislation at one of the Government’s contracting partners, there can be a contractual remedy. The case involves difficult questions about the line of demarcation between the power of Congress to pass legislation for the general welfare and the vested rights of the Government’s contracting partners. We are persuaded that, in this instance, Congress has crossed that line and injured vested rights in a manner that gives rise to contractual relief.

Pending are plaintiffs’ Second Renewed2…

2Cases cited34 opinions

  1. United States v. Winstar Corp.Supreme Court of the United States · 1996
  2. Merrion v. Jicarilla Apache TribeSupreme Court of the United States · 1982
  3. Hercules, Inc. v. United StatesSupreme Court of the United States · 1996
  4. Perry v. United StatesSupreme Court of the United States · 1935
  5. United States v. CarltonSupreme Court of the United States · 1994

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3Cited by24 opinions

  1. Franconia Associates v. United StatesUnited States Court of Federal Claims · 2004
  2. Pacific Gas & Electric Co. v. United StatesUnited States Court of Federal Claims · 2006
  3. Cuyahoga Metropolitan Housing Authority v. United StatesUnited States Court of Federal Claims · 2003
  4. Avtel Services, Inc. v. Unites StatesUnited States Court of Federal Claims · 2005
  5. Centex Corp. v. United StatesUnited States Court of Federal Claims · 2003

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