Legal Opinion

Montana v. United States

United States Court of Federal Claims

Decided May 10, 1995No. 94-108CPublishedCited by 2 opinions

1Opinion of the Court

Order

WEINSTEIN, Judge.

Defendant moved to dismiss this action on the grounds, inter alia, that the contract on which plaintiff the State of Montana brought suit, a settlement agreement between the bankrupt Great Western Sugar Company (“Great Western” or “the Company”) and some of its creditors, including the Commodity Credit Corporation (CCC), but not including the State, was not a third-party beneficiary contract. The court denied the motion, holding that, while the agreement appeared on its face to be a third-party beneficiary contract for the benefit of creditors whose claims against Great…

2Cases cited25 opinions

  1. Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
  2. United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979
  3. Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
  4. Office of Personnel Management v. RichmondSupreme Court of the United States · 1990
  5. S.J. Amoroso Construction Co., Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1993

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3Cited by2 opinions

  1. State of Montana v. United StatesCourt of Appeals for the Federal Circuit · 1997
  2. Airadigm Communications, Inc. v. Federal Communications CommissionUnited States Bankruptcy Court, W.D. Wisconsin · 2006

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