Energy Northwest v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
PROST, Circuit Judge.
The government appeals three categories of damages awarded by the United States Court of Federal Claims for the government’s breach of its commitment to dispose of Plaintiffs spent nuclear fuel. The contested categories are as follows: First, the trial court awarded Plaintiff the cost of certain site modifications that the government contended were not proved to have been caused by the breach. Second, the court awarded damages to account for certain indirect overhead expenses that accompanied Plaintiffs mitigation activities, though Plaintiff did not offer proof that the…
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