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CLEARWATER FOREST INDUSTRIES, INC. v. UNITED STATES

No. 509-76.

650 F.2d 233 (1981)

CLEARWATER FOREST INDUSTRIES, INC. v. The UNITED STATES

United States Court of Claims.

May 6, 1981.

Attorney(s) appearing for the Case

James F. McAteer, Seattle, Wash., atty. of record, for plaintiff; Lenihan, Ivers & McAteer, Seattle, Wash., of counsel.

Frances L. Nunn, Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant; Velta A. Melnbrencis and James P. Perry, Washington, D. C., of counsel.

Before DAVIS, NICHOLS and KASHIWA, Judges.

OPINION

PER CURIAM:

This timber sale case, tried before Trial Judge Wood, involves a Forest Service "deficit" timber sale, a concept new to this court and apparently new to plaintiff Clearwater Forest Industries, Inc. After trial, Trial Judge Wood held that plaintiff is not entitled to recover. In Part A, infra, we adopt and set forth the bulk of his opinion, with minor modifications by the court. In Part B, infra, we supplement the trial judge...

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