Legal Opinion · Dissent

Ford Motor Company v. United States

Court of Appeals for the Federal Circuit

Decided August 10, 2004No. 03-5092Published

1DissentSchall, Circuit Judge

I agree with the majority that the Contract Settlement Act of 1944 applies to Ford’s claim, and that Ford’s complaint was timely filed. I am unable to agree, however, that Ford is entitled to recover its contribution to the CERCLA settlement under the terms of the War Contract. Because I do not agree with the majority’s interpretation of the War Contract, I respectfully dissent from its conclusion that pursuant to the indemnification clause in the Termination Agreement, the government must reimburse Ford for its contribution to the CERCLA settlement. I therefore would affirm the judgment of…

2Cases cited18 opinions

  1. Lynch v. United StatesSupreme Court of the United States · 1934
  2. United States v. Winstar Corp.Supreme Court of the United States · 1996
  3. Winstar Corp. v. United StatesCourt of Appeals for the Federal Circuit · 1995
  4. Scott Timber Company v. United StatesCourt of Appeals for the Federal Circuit · 2003
  5. Arizona ex rel. Arizona Department of Transportation v. United StatesUnited States Court of Claims · 1978

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