Legal Opinion

Ameriserv Trust & Financial Services Co. Ex Rel. Employee Real Estate Construction Trust Fund v. United States

United States Court of Federal Claims

Decided March 17, 2016No. 14-1161CPublishedCited by 5 opinions

1Opinion of the Court

Action for damages based upon alleged breach of contract; motion for partial judgment on the pleadings; RCFC 12(c); express warranty; viability of affirmative defenses

OPINION AND ORDER

LETTOW, Judge.

In this action for damages based upon an alleged breach of contract, plaintiff, Ameri-serv Trust and Financial Services Company (“Ameriserv”), provided a secured $7.5 million construction loan to VA Butler Partners Company, LLC (“VA Butler Partners”), an assignee and affiliate of Westar Development Company (‘Westar”), to enable VA Butler Partners to begin construction of a hospital for the…

2Cases cited52 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
  4. Fed. Sec. L. Rep. P 95,228 Rocco Dileo and Louise Dileo v. Ernst & YoungCourt of Appeals for the Seventh Circuit · 1990
  5. Northern Indiana Gun & Outdoor Shows, Inc. v. City of South Bend, Stephen Leucke, Brian R. Hedman, and Karl KingCourt of Appeals for the Seventh Circuit · 1998

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3Cited by5 opinions

  1. Aegis Defense Services, LLC, f/k/a Aegis Defence Services Ltd.Armed Services Board of Contract Appeals · 2017
  2. Artisan Estate Homes, LLC v. Hensley Custom Building Group, LLCDistrict Court, S.D. Ohio · 2022
  3. Board of Governors of the Federal Reserve System v. SmithDistrict Court, District of Columbia · 2024
  4. Sapir v. United StatesUnited States Court of Federal Claims · 2021
  5. Woodies Holdings, L.L.C. v. United StatesUnited States Court of Federal Claims · 2019

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