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AIRPORT ROAD ASSOCIATES, LTD. v. U.S.

2016-1542.

866 F.3d 1346 (2017)

AIRPORT ROAD ASSOCIATES, LTD., Clifford E. Olsen — Delta Square, Oakdale Associates, Limited, Serenity Village, a Partnership in Commendam, Southeastern Associates, Ltd., a Louisiana Limited Partnership, Southside Apartments, Ltd., Plaintiffs Bayou Des Glaises, Ltd., Bloomfield Partnership II, a Louisiana Partnership in Commendam, Clifford E. Olsen — College Towne, Clifford E. Olsen — Collins Square, a Louisiana Partnership in Commendam, Clifford E. Olsen — Hammond Towne, Clifford E. Olsen — Jefferson South, Clifford E. Olsen — Old Man River, Clifford E. Olsen — Walker Partnership, Clifford E. Olsen 1977-B, Cypress Cove Association, Plaintiffs-Appellants v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: August 10, 2017.

Attorney(s) appearing for the Case

MARK BLANDO , Eckland & Blando LLP, Minneapolis, MN, argued for plaintiffs-appellants. Also represented by JEFF HOWARD ECKLAND , VINCE REUTER.

MATTHEW PAUL ROCHE , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by BENJAMIN C. MIZER , ROBERT E. KIRSCHMAN, JR. , FRANKLIN E. WHITE, JR.

Before Prost, Chief Judge, Lourie and Taranto, Circuit Judges.

Appellants seeking to exit a federal housing program through loan prepayment appeal from the decision of the United States Court of Federal Claims ("Claims Court") dismissing their claims against the United States ("government") for lack of subject matter jurisdiction. We reverse and remand.

I. BACKGROUND

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