Jeppesen Sanderson, Inc. v. United States

OPINION

FUTEY, Judge.

This action is before the court on cross-motions for summary judgment. Plaintiff seeks to recover the full amount of a judgment rendered against it by the district court for the Northern District of California in a tort action in which the government was a co-defendant. Plaintiffs claim is based on an indemnity agreement entered into by plaintiff and the government prior to the judgment entered in the district court case, which the plaintiff requests be enforced or reformed. Defendant asserts that the agreement may not be enforced due to an unfulfilled condition precedent,…