Admiralty Construction, Inc, by National American Insurance Co v. John H. Dalton, Secretary of the Navy
Court of Appeals for the Federal Circuit
1Opinion of the Court
RADER, Circuit Judge.
National American Insurance Company (National), the surety for Admiralty Construction, Inc.’s (Admiralty’s) contract with the Department of the Navy, submitted a claim to the Armed Services Board of Contract Appeals (Board) on behalf of Admiralty. The Board dismissed National’s claim because the doctrine of equitable subrogation did not allow National to pursue Admiralty’s rights in that forum, particularly when Admiralty had brought its own suit on the same contract questions in the United States Court of Federal Claims. See Admiralty Constr., Inc. by Nat’l Am. Ins. Co.…
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