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NORMAN v. U.S.

No. 05-5039.

429 F.3d 1081 (2005)

Don Roger NORMAN, Roger William Norman, and South Meadows Properties Limited Partnership, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 18, 2005.

Attorney(s) appearing for the Case

Roger J. Marzulla, Marzulla and Marzulla, of Washington, DC, argued for plaintiffs-appellants. With him on the brief was Nancie G. Marzulla.

John L. Smeltzer, Attorney, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Kelly A. Johnson, Acting Assistant Attorney General, and Katherine J. Barton, Attorney.

Before MICHEL, Chief Judge, BRYSON, and GAJARSA, Circuit Judges.

GAJARSA, Circuit Judge.

Don Norman, Roger Norman, and South Meadows Properties (collectively "appellants" or "the Normans") appeal two decisions of the United States Court of Federal Claims. The first, issued April 17, 2003, dismissed the Normans' illegal exaction claim for lack of jurisdiction. Norman v. United States, 56 Fed.Cl. 255 (2003) ("Norman I"). The second, issued December 10, 2004, dismissed, after a trial on the merits, the Normans' claim...

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