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SYSTEM FUELS, INC. v. U.S.

Nos. 2010-5116, 2010-5117.

666 F.3d 1306 (2012)

SYSTEM FUELS, INC., System Energy Resources, and South Mississippi Electric Power Association, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

January 19, 2012.

Attorney(s) appearing for the Case

Alex D. Tomaszczuk , Pillsbury Winthrop Shaw Pittman, LLP, of McLean, VA, argued for plaintiffs-appellants. With him on the brief were Jay E. Silberg , of Washington, DC; and Evan D. Wesser , of McLean, VA. Of counsel on the brief was L. Jager Smith, Jr. , Wise Carter Child & Caraway, P.A., of Jackson, MS.

Alan J. Lo Re , Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-cross appellant. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, Harold D. Lester, Jr. , Assistant Director, Sharon A. Snyder , Trial Attorney, Marian E. Sullivan and Andrew P. Averbach , Senior Trial Counsel; and Scott R. Damelin , Trial Attorney. Of counsel on the brief was Jane K. Taylor , Attorney, Office of General Counsel, United States Department of Energy, of Washington, DC.

Opinion for the court filed by Chief Judge RADER. Opinion concurring-in-part, dissenting-in-part filed by Circuit Judge NEWMAN.

RADER, Chief Judge.

On summary judgment, the United States Court of Federal Claims determined that the United States breached its contract with Plaintiffs-Appellants System Fuels, Inc., System Energy Resources, and South Mississippi Electric Power Association (collectively "Plaintiffs") for the removal of spent nuclear fuel. Sys. Fuels, Inc. v. United States, 66 Fed.Cl. 722, 732-33 (2005) ("SFI I"). The trial court also granted summary judgment in favor...

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