McKAY v. U.S.

No. 98-5125.

199 F.3d 1376 (2000)

Perry S. McKAY and Charles C. McKay, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 21, 1999.


Attorney(s) appearing for the Case

Holly I. Holder, Holly I. Holder, PC, of Denver Colorado, argued for plaintiffs-appellants.

Ethan G. Shenkman, Attorney, Appellate Section, Environment and Natural Resources Division, Department of Justice, of Washington, DC, argued for defendant-appellee. On the brief were Lois J. Schiffer, Assistant Attorney General; David C. Shilton and Michael K. Martin, Attorneys. Of counsel was Thornton W. Field, General Litigation Section.

Before MICHEL, PLAGER, and RADER, Circuit Judges.


PLAGER, Circuit Judge.

Perry McKay and Charles S. McKay ("the McKays") sued the United States ("the Government") in the Court of Federal Claims for a Taking under the Fifth Amendment of the United States Constitution. See McKay v. United States, No. 94-580L (Fed.Cl. Apr. 8, 1998). The trial court granted summary judgment of no liability to the Government. Because the Court of Federal Claims did not properly draw all...

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