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DELMARVA POWER & LIGHT CO. v. U.S.

No. 2008-5010.

542 F.3d 889 (2008)

DELMARVA POWER & LIGHT COMPANY and Atlantic City Electric Company, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee, and PSEG Nuclear, LLC and Public Service Electric and Gas Co., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

September 18, 2008.

Attorney(s) appearing for the Case

Frederick M. Lowther, Dickstein Shapiro LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Richard J. Conway, Bradley D. Wine, and Joseph R. Berger.

Harold D. Lester, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States. With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, Alan J. Lo Re, Senior Trial Counsel, and Joshua E. Gardner, Trial Attorney. Of counsel was Jane K. Taylor, Attorney, United States Department of Energy, of Washington, DC.

Alex D. Tomaszczuk, Pillsbury Winthrop Shaw Pittman LLP, of McLean, Virginia, argued for defendants-appellees PSEG Nuclear, LLC, et al. With him on the brief were Daniel S. Herzfeld, and Jay E. Silberg, of Washington, DC.

Before LINN, FRIEDMAN, and PROST, Circuit Judges.

FRIEDMAN, Circuit Judge.

The question in this appeal, which this court has not previously decided, is whether the United States may, in a particular case, waive the prohibition in the Anti-Assignment Act, 31 U.S.C. § 3727 (2000), against the assignment of claims against the United States and thereby validate an assignment that Act otherwise would prohibit. The Court of Federal Claims upheld the government's authority to do so, and we affirm.

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