Croman Corp. v. United States
Docket: No. 03-5083
Court: Court of Appeals for the Federal Circuit; February 1, 2004; Federal Appellate Court
Croman Corporation filed a motion to vacate the decision of the United States Court of Federal Claims in Croman Corp. v. United States, which ruled in favor of the government after Croman sought damages due to the suspension of timber sale contracts. This suspension occurred following the marbled murrelet's designation as threatened under the Endangered Species Act. Croman argued that the contracts did not allow the government to unilaterally suspend performance, a position the trial court rejected. Croman's appeal referenced a precedent set in Scott Timber Co. v. United States, where a similar contractual clause was interpreted to not permit unilateral suspension. The court agreed with Croman's argument and granted the motion to vacate the previous decision and remand the case for further proceedings. The United States' motion to stay briefing was deemed moot, and each party was ordered to bear its own costs.