Legal Opinion
Lumbermens Mutual Casualty Co. v. United States
Court of Appeals for the Federal Circuit
Decided August 3, 2011No. 2010-5086, 2010-5087PublishedCited by 48 opinions
1Opinion of the Court
DYK, Circuit Judge.
This case requires us to decide three issues concerning the jurisdiction of the United States Court of Federal Claims (“Claims Court”) in actions brought by Miller Act sureties against the United States. See 40 U.S.C. § 3131(b) (2006) (formerly 40 U.S.C. § 270a).
In Insurance Company of the West v. United States, 243 F.3d 1367, 1375 (Fed.Cir.2001) [hereinafter ICW], we held that the Claims Court has jurisdiction under the Tucker Act, 28 U.S.C. § 1491, over sureties’ claims against the government that are based upon the theory of equitable subrogation. The first issue…
2Cases cited53 opinions
- United States v. MitchellSupreme Court of the United States · 1983
- Lane v. PenaSupreme Court of the United States · 1996
- United States v. White Mountain Apache TribeSupreme Court of the United States · 2003
- Dolan v. United States Postal ServiceSupreme Court of the United States · 2006
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
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3Cited by48 opinions
- United States v. Great American InsuranceCourt of Appeals for the Federal Circuit · 2013
- Fidelity & Guaranty Insurance Underwriters, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2015
- Acorda Therapeutics Inc. v. Mylan Pharmaceuticals Inc.Court of Appeals for the Federal Circuit · 2016
- Pacific Gas and Electric Co. v. United StatesCourt of Appeals for the Federal Circuit · 2016
- Ascom Hasler Mailing Systems, Inc. v. United States Postal ServiceDistrict Court, District of Columbia · 2012
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