Insurance Co. of the West v. United States

OPINION

MILLER, Judge.

Plaintiff seeks summary judgment, claiming entitlement to three payments wrongfully made by the Government to a defaulted contractor bonded by plaintiff. Defendant moves to dismiss, or, alternatively, for summary judgment, based, inter alia, on lan*531guage from a Federal Circuit opinion that calls into question a surety’s ability to sue the United States under the theory of equitable subrogation. Argument is deemed unnecessary.

FACTS

The facts, unless otherwise noted, are undisputed, and are drawn from the complaint, the parties’ motions and proposed findings of fact, and the…