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FLORIDA ROCK INDUSTRIES, INC. v. UNITED STATES

Appeal Nos. 85-2588, 85-2609.

791 F.2d 893 (1986)

FLORIDA ROCK INDUSTRIES, INC., Appellee/Cross-Appellant, v. The UNITED STATES, Appellant/Cross-Appellee.

United States Court of Appeals, Federal Circuit.

May 14, 1986.

Attorney(s) appearing for the Case

Fred R. Disheroon, Special Litigation Counsel, Dept. of Justice, Washington, D.C., argued, for appellant/cross-appellee. With him on the brief was F. Henry Habicht, II, Asst. Atty. Gen.

John A. DeVault, III, Bedell, Dittmar, DeVault, Pillans & Gentry, P.A., Jacksonville, Fla., argued, for appellee/cross-appellant. With him on the brief was C. Warren Tripp, Jr.

Ronald A. Zumbrun and Sam Kazman, Pacific Legal Foundation, Washington, D.C., were on brief, for amicus curiae.

Francis X. Bellotti, Atty. Gen. of Massachusetts, and Nancy S. Marks, Asst. Atty. Gen., Boston, Mass., were on brief, for amicus curiae, The Com. of Mass.

Before DAVIS, Circuit Judge, COWEN and NICHOLS, Senior Circuit Judges, and BALDWIN and BISSELL, Circuit Judges.

NICHOLS, Senior Circuit Judge.

This appeal from the Claims Court, 8 Cl.Ct. 160, confronts us with important and novel issues as to the application of the fifth amendment and, consequently, the Tucker Act, 28 U.S.C. § 1491, to measures by the Secretary of the Army, through the Army engineers under authority of the Clean Water Act, 33 U.S.C. § 1251(a)(1) and ff, to protect Florida wetlands against disturbance by the owner's limestone mining. At times, as by...

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