U.S. Court of Appeals for the Federal Circuit, 1994

Hercules Incorporated v. The United States, Wm. T. Thompson Company v. United States

U.S. Court of Appeals for the Federal Circuit · Decided July 7, 1994 · Plager, Clevenger, Schall

24 F.3d 188 (Federal Reporter, Third Series)

Counsel

Gregory W. Homer, Atty., Anderson, Kill, Oliek & Oshinsky, Washington, DC, argued, for plaintiff-appellant, Hercules Inc. With him on the brief, were Nancy A. Markowitz and Jerold Oshinsky. Of counsel was Walter S. Rowland, Hercules Inc., of Wilmington, DE., David S. Fishback, Asst. Director, U.S. Dept, of Justice, Washington, DC, argued, for defendant-appellee. With him on the brief, were Stuart M. Gerson, Asst. Atty. Gen., J. Patrick Glynn, Director, Torts Branch, Stephen M. Doyle and Burke M. Wong., Alan Dumoff, Atty., Swankin & Turner, Washington, DC, argued, for plaintiff-appellant, Wm. T. Thompson Co. With him on the brief, was James S. Turner., Stephen M. Doyle, Atty., U.S. Dept, of Justice, Washington, DC, argued, for defendant-appellee. With him on the brief, were Stuart M. Gerson, Asst. Atty. Gen., J. Patrick Glynn, Director, Torts Branch, David S. Fishback, Asst. Director, and Burke M. Wong.

Cases that cite this one

94 later published cases cite this decision. The 24 that cite it most often are listed here.

Marine Industrial Construction, LLC v. United States (United States Court of Federal Claims 2022)
Hercules, Inc. v. United States (Supreme Court of the United States 1996)
Rda Construction Corp. v. United States (United States Court of Federal Claims 2017)
Entergy Nuclear Vermont Yankee, LLC v. United States (United States Court of Federal Claims 2010)
United States v. Vertac Chemical Corp. (8th Cir. 1995)
Scott Timber Co. v. United States (Fed. Cir. 2012)
Siemens Government Technologies, Inc. (Armed Services Board of Contract Appeals 2022)
Lakeshore Engineering Services, Inc. v. United States (Fed. Cir. 2014)
Caddell Construction Co. v. United States (United States Court of Federal Claims 2007)
Travelers Casualty & Surety of America v. United States (United States Court of Federal Claims 2006)
Tpmc-Energysolutions Environmental Services 2008, LLC v. United States (United States Court of Federal Claims 2025)
Langdon Engineering & Mgt (Armed Services Board of Contract Appeals 2025)
Flightsafety Services Corporation v. United States (United States Court of Federal Claims 2024)
Chugach Federal Solutions, Inc. (Armed Services Board of Contract Appeals 2023)
Relyant, LLC (Armed Services Board of Contract Appeals 2018)
Latasha Freeman v. American K-9 Detection Services, L.L.C. and Hill Country Dog Center, L.L.C. (Tex. App. 2015)
bell/heery v. United States (Fed. Cir. 2014)
Philadelphia Authority for Industrial Development v. United States (United States Court of Federal Claims 2014)
Vermont Yankee Nuclear Power Corp. v. Entergy Nuclear Vermont Yankee, LLC (Fed. Cir. 2012)
Agredano v. United States (Fed. Cir. 2010)
Daewoo Engineering & Construction Co. v. United States (United States Court of Federal Claims 2006)
L.W. Matteson, Inc. v. United States (United States Court of Federal Claims 2004)
Massachusetts Bay Transportation Authority v. United States (Fed. Cir. 2001)
PCL Construction Services, Inc. v. United States (United States Court of Federal Claims 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Dissenting Opinion

Case-law data current through December 31, 2025. Source: CourtListener bulk data.