Gates v. United States

OPINION

SMITH, Chief Judge.

This ease concerns a dispute over whether an option to purchase, in an agricultural lease with the government, can only be exercised on or before the day the annual lease payment is due, without becoming liable for the yearly lease payment. The consequences of granting the government’s motion for summary judgment would be to create a very rigid, arguably Draconian, rule that is inconsistent with the statutory scheme and past agency practice. However, denying the government’s motion may grant the plaintiff little relief since the damages plaintiff seeks appear to be…