CITY OF ALEXANDRIA v. UNITED STATES

Appeal No. 84-713.

737 F.2d 1022 (1984)

CITY OF ALEXANDRIA, Appellee, v. The UNITED STATES, Appellant.

United States Court of Appeals, Federal Circuit.

June 21, 1984.


Attorney(s) appearing for the Case

Judith E. Schaeffer, Washington, D.C., argued for appellee. With her on the brief were Kenneth L. Adams, Washington, D.C., and Cyril D. Calley, Alexandria, Va., of counsel.

Donald T. Hornstein, Washington, D.C., argued for appellant. With him on the brief were F. Henry Habicht, II, Asst. Atty. Gen., and Dirk D. Snel, Washington, D.C. Also on the brief was Terry Hart Lee, Washington, D.C., of counsel.

Steven R. Ross and Michael L. Murray, Washington, D.C. were on the brief for amici curiae.

Before KASHIWA, Circuit Judge, NICHOLS, Senior Circuit Judge, and SMITH, Circuit Judge.


NICHOLS, Senior Circuit Judge.

In this appeal from a decision of the United States Claims Court* on a Tucker Act claim, 28 U.S.C. § 1491, the issues are whether the United States entered into an implied contract to sell land, or became estopped to deny the existence of an express one. In holding for the City of Alexandria (City), the judge relied on her view that 40 U.S.C. § 484(e)(3) is unconstitutional on its face or as applied...

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