Legal Opinion
First Interstate Bank of Billings v. United States
Court of Appeals for the First Circuit
Decided August 2, 1995No. 94-5133PublishedCited by 30 opinions
1Opinion of the Court
BRYSON, Circuit Judge.
This ease requires us to construe the “incontestability clause” that accompanies government loan guarantees under certain federal programs. The incontestability clause at issue in this case provides that the government’s loan guarantee is incontestable “except for fraud or misrepresentation” of which the lender “has actual knowledge” or which the lender “participates in or condones.” The Court of Federal Claims interpreted that language to require the government to prove that the lender acted with “intent to deceive” before the loan guarantee can be voided. The…
2Cases cited9 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Icicle Seafoods, Inc. v. WorthingtonSupreme Court of the United States · 1986
- J.P. Stevens & Co., Inc. v. Lex Tex Ltd., Inc.Court of Appeals for the Federal Circuit · 1984
- Travis T. Womack, Jr. And John R. Vorhies, Formerly Partners of Petroleum Ownership Map Company (A Dissolved Partnership) v. The United StatesUnited States Court of Claims · 1968
- Te-Moak Bands of Western Shoshone Indians of Nevada v. The United StatesCourt of Appeals for the Federal Circuit · 1991
4 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Burke Hensley, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2000
- Monon Corporation and Rosby Corporation, Plaintiffs-Cross v. Stoughton Trailers, Inc.Court of Appeals for the Federal Circuit · 2001
- Hughes Communications Galaxy, Inc. v. United States, Defendant-CrossCourt of Appeals for the Federal Circuit · 2001
- JVW Enterprises, Inc. v. Interact Accessories, Inc.Court of Appeals for the Federal Circuit · 2005
- Refac International, Ltd. And Forward Reference Systems, Ltd. v. Lotus Development CorporationCourt of Appeals for the Federal Circuit · 1996
25 more not listed; retrieve them via the Exa API.