Legal Opinion
Koby v. United States
United States Court of Federal Claims
Decided August 29, 2002No. 99-317CPublishedCited by 20 opinions
1Opinion of the Court
OPINION
ALLEGRA, Judge.
This contract case is before the court after trial in Pasadena, California. Previously, this court ruled that the Internal Revenue Service (IRS) breached a contract with plaintiff when it voided the sale of property it had seized from another individual for the payment of taxes. See Koby v. United States, 47 Fed.Cl. 99 (2000). At issue here is defendant’s affirmative defense that plaintiff failed properly to mitigate the damages incurred following this breach. The parties have also presented legal arguments anticipating plaintiffs damage theories, in an effort to…
2Cases cited40 opinions
- Glendale Federal Bank, Fsb, Plaintiff-Cross v. United StatesCourt of Appeals for the Federal Circuit · 2001
- California Federal Bank, Fsb, Plaintiff-Cross v. United StatesCourt of Appeals for the Federal Circuit · 2001
- Energy Capital Corp. (As General Partner of Energy Capital Partners Limited Partnership) v. United StatesCourt of Appeals for the Federal Circuit · 2002
- Landmark Land Company, Inc. v. Federal Deposit Insurance Corporation v. United States, Defendant-CrossCourt of Appeals for the Federal Circuit · 2001
- Wells Fargo Bank, N.A., Plaintiff/cross-Appellant v. United StatesCourt of Appeals for the Federal Circuit · 1996
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3Cited by20 opinions
- Franconia Associates v. United StatesUnited States Court of Federal Claims · 2004
- Prusky Ex Rel. Windsor Securities, Inc. v. Reliastar Life InsuranceCourt of Appeals for the Third Circuit · 2008
- Southern Nuclear Operating Co. v. United StatesUnited States Court of Federal Claims · 2007
- Home Savings of America, F.S.B. v. United StatesUnited States Court of Federal Claims · 2003
- Cuyahoga Metropolitan Housing Authority v. United StatesUnited States Court of Federal Claims · 2005
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