Alliant Techsystems
In the United States Court of Federal Claims No. 01-20C (Filed January 4, 2007) * * * * * * * * * * * * * * * * * * * * * ALLIANT TECHSYSTEMS INC., * ATK AEROSPACE GROUP, *Summary judgment; settlement agreement; *contract interpretation; plain meaning; reasonable interpretation; unambiguous terms; Plaintiff, * extrinsic evidence; post-settlement *consideration of claims; estoppel. v . * * THE UNITED STATES, * * Defendant. * * * * * * * * * * * * * * * * * * * * * * Thomas A. Lemmer, McKenna Long & Aldridge LLP, Denver, Colorado, for plaintiff. Steven M. Masiello, McKenna Long & Aldridge LLP, Denver, Colorado, and Michael L. Bell, Alliant Techsystems Inc., Salt Lake City, Utah, of counsel. C. Coleman Bird, Commercial Litigation Branch, Civil Division, Department of Justice, with whom were Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director, all of Washington, D.C., for defendant. Major Kevin Robitaille, Department of the Army, Arlington, Virginia, of counsel. OPINION AND ORDER WOLSKI, Judge. The plaintiff, Alliant Techsystems Inc., ATK Aerospace Group, successor-in-interest to Thiokol Propulsion (“ATK/Thiokol”), filed this suit seeking to recover $2,722,709 of post- retirement benefit costs. These costs were incurred during fiscal years 1996 and 1997 and were due to benefits earned by the employees of ATK/Thiokol during its operation of government- owned, contractor-operated facilities. The government argues that these costs were included among those released in a 1997 settlement agreement between the parties that ended two prior suits in this Court, and ATK/Thiokol counters that this settlement excluded these particular costs. Each party has moved for summary judgment, based on their respective interpretations of the settlement agreement. The Court has concluded that the settlement agreement released the government from liability for these costs, and, as explained below, GRANTS the government’s motion for summary judgment and DENIES ATK/Thiokol’s cross-motion for partial summary judgment.
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