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NESS INV. CORP. v. UNITED STATES

No. 322-75.

595 F.2d 585 (1979)

NESS INVESTMENT CORPORATION, an Arizona Corporation, and Canyon Lake Resorts, Inc., an Arizona Corporation, v. The UNITED STATES.

United States Court of Claims.

March 21, 1979.

Attorney(s) appearing for the Case

John C. Hughes, Phoenix, Ariz., attorney of record, for plaintiff; Hughes & Hughes, P. C., Phoenix, Ariz., of counsel.

Carol Lynn Green, Washington, D.C., with whom was Asst. Atty. Gen. James W. Moorman, Washington, D.C., for defendant.

Before DAVIS, KASHIWA and KUNZIG, Judges.

OPINION

KASHIWA, Judge:

Plaintiffs in this case assert breach of contract and taking claims as a result of actions by the United States Forest Service (Forest Service) surrounding the revocation of a special use permit which authorized development of resort facilities in the Tonto National Forest, Arizona. The case has been submitted to the court upon a joint stipulation of facts. Defendant contends plaintiffs' claims are barred by res judicata and lack...

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