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BAY VIEW, INC. v. U.S.

No. 00-5097.

278 F.3d 1259 (2001)

BAY VIEW, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: December 3, 2001.

Attorney(s) appearing for the Case

Samuel J. Fortier, Fortier & Mikko, P.C., of Anchorage, Alaska, argued for plaintiff-appellant.

Sandra Slack Glover, Attorney, 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; Susan L. Pacholski, and David C. Shilton, Attorneys.

Before NEWMAN, LOURIE, and RADER, Circuit Judges.

Opinion for the court filed by Circuit Judge RADER. Dissenting opinion filed by Circuit Judge PAULINE NEWMAN.

RADER, Circuit Judge.

Bay View Inc. appeals the decision of the United States Court of Federal Claims dismissing its complaint. Bay View had complained that the 1995 amendment of the Alaska Native Claims Settlement Act (ANCSA) was a taking, a breach of trust, and a breach of contract. Bay View, Inc. v...

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