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SKAW v. UNITED STATES

Appeal No. 84-614.

740 F.2d 932 (1984)

Francis SKAW et al., Appellants, v. UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

July 23, 1984.

Attorney(s) appearing for the Case

Thomas W. Frizzell, Missoula, Mont., argued for appellant.

Blake A. Watson, Washington, D.C., argued for appellee. With him on the brief were F. Henry Habicht, II, Asst. Atty. Gen., David C. Shilton, Susan J. Rubin, and James B. Snow, Washington, D.C.

Before FRIEDMAN, Circuit Judge, COWEN, Senior Circuit Judge, and RICH, Circuit Judge.

COWEN, Senior Circuit Judge.

This appeal is from a judgment of the United States Claims Court (Claims Court)1 which granted the government's motion for summary judgment, dismissed the complaint, and held that the appellants (plaintiffs) were not entitled to recover for a Fifth Amendment taking of their unpatented mining claims. We vacate the judgment of the Claims Court and remand the case to it.

I. Factual Background and Prior...

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