In plaintiffs’ Contract Disputes Act (CDA) claims against the Indian Health Service (IHS), the Civilian Board of Contract Appeals’ dismissal of several of plaintiffs’ contract claims is affirmed in part and reversed in part as the six-year presentment period is subject to equitable tolling under section 605(a) of the CDA, but the class action tolling does not apply to the claims at issue.
Read Arctic Slope Native Ass’n, Ltd. v. Sebelius, No. 08-1532
Appeal from: Civilian Board of Contract Appeals
Decided September 29, 2009
Judges
Before Lourie, Mayer, and Bryson, Circuit Judges
Opinion by Bryson, Circuit Judge.
Counsel
For Appellant: Lloyd B. Miller, Sonosky, Chambers, Sachse, Miller & Munson, LLP; Geoffrey D. Strommer, Hobbs, Straus, Dean & Walker, LLP
For Appellee: Robert E. Chandler, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice
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