United States Court of Federal Claims May 28, 1996, No. 95-348C (Bixby Ranch Co. v. United States)

OPINION

LYDON, Senior Judge:

This contract case is before the court on the parties’ cross-motions for summary judgment. The issue presented is which party bears the risk of loss of funds that are held back and placed in escrow to cure certain title defects at the closing of a purchase of easements when the escrow agent embezzles those funds.