JOHN R. SAND & GRAVEL CO. v. U.S.

No. 05-5033.

457 F.3d 1345 (2006)

JOHN R. SAND & GRAVEL COMPANY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 9, 2006.


Attorney(s) appearing for the Case

Jeffrey K. Haynes, Beier Howlett, P.C., of Bloomfield Hills, Michigan, argued for plaintiff-appellant. With him on the brief was L. Rider Brice, III.

Aaron P. Avila, Attorney, 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 Susan V. Cook, John S. Most, Steven D. Bryant, and Kathryn E. Kovacs, Attorneys.

Steven C. Nadeau, Honigman Miller Schwartz and Cohn LLP, of Detroit, Michigan, for amici curiae Brunswick Corporation, et al. With him on the brief were Robert M. Jackson; and Robert K. Huffman, Miller & Chevalier Chartered, of Washington, DC.

Before NEWMAN, LOURIE, and SCHALL, Circuit Judges.


Opinion for the court filed by Circuit Judge SCHALL.

Dissenting opinion filed by Circuit Judge NEWMAN.

SCHALL, Circuit Judge.

John R. Sand and Gravel Company ("JRS & G") appeals the final decision of the United States Court of Federal Claims, following a trial, that the United States was not liable to JRS & G under the Fifth Amendment to the Constitution for the alleged taking of JRS & G's leasehold interest in a 158-acre tract of land...

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