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CONTINENTAL CAS. CO. v. UNITED STATES

Appeal No. 85-2650.

786 F.2d 1120 (1986)

CONTINENTAL CASUALTY COMPANY, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

March 17, 1986.

Attorney(s) appearing for the Case

James A. Dobkin, Arnold & Porter, Washington, D.C., argued for appellant. With him on brief was David P. Gersch, of counsel.

Michael T. Paul, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellee. With him on brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director.

Before RICH, DAVIS and NIES, Circuit Judges.

DAVIS, Circuit Judge.

In this action (coming to us from the United States Claims Court) appellant Continental Casualty Company (Continental) challenges the denial by the Small Business Administration (SBA) of Continental's claim for reimbursement with respect to eight surety bond guarantee agreements that the SBA entered into with Continental. On cross-motions for summary judgment, the Claims Court held that the guarantees had been excluded by Congress — because...

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