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RICK'S MISHROOM SERVICE, INC. v. U.S.

No. 2007-5137.

521 F.3d 1338 (2008)

RICK'S MUSHROOM SERVICE, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 2, 2008.

Attorney(s) appearing for the Case

Jonathan J. Bart, Wilentz, Goldman & Spitzer, P.A., of Philadelphia, Pennsylvania, argued for plaintiff-appellant.

Joan M. Stentiford, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were, Jeanne F. Davidson, Director, and Steven J. Gillingham, Assistant Director.

Before RADER, LINN, and PROST, Circuit Judges.

PROST, Circuit Judge.

This is an appeal from the United States Court of Federal Claims pertaining to a cost-share agreement between the government and Rick's Mushrooms, Inc. ("Rick's") for implementing conservation practices in a facility for recycling of mushroom waste. Rick's seeks indemnification from the government for costs incurred in defending and settling claims by a third party for violation of certain state and federal environmental laws. The Court of Federal...

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