Stockton East Water District v. United States

Order denying Government rehearing and rehearing en banc.

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The Federal Circuit in an earlier decision had ruled that the United States had breached water delivery contracts, associated with water deliveries in the New Melones Reclamation Project in California. The United States had asked the Federal Circuit to reconsider its decision, which the Federal Circuit agreed to do. But based on that review, the Federal Circuit again concluded that the water delivery contracts were binding, and the Government's defenses failed to shield it from liablity for breaching those agreements. As the Federal Circuit stated: "Even assuming the Government was confused as to exactly who had to prove what, and that it might have called additional witnesses had it thought it helpful, the evidence on the key disputed issue is fully developed in the record." Therefore, the Federal Circuit has remanded the case to the trial court for a damages determination, "which to the extent feasible should be expedited."

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Reference Info:Decision | Federal, Federal Circuit, Claims Court | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nancie G. Marzulla, Marzulla Law, LLC | Attorney Advertising

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