Department of Natural Resources & Conservation v. United States

OPINION

LYDON, Judge:

In this action, plaintiff seeks reimbursement from the United States of amounts it had to pay a third party, arising out of a contract between plaintiff and the third party, as a result of a State court judgment. Plaintiff contends that, since this adverse judgment resulted solely from the government’s breach of its obligations under a contract between plaintiff and the government, a provision in this contract, purporting to limit the government’s liability under the contract to only 50 percent of any such payment, is inapplicable.

I

This case arises out of a “Project…