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GETTY OIL CO. v. UNITED STATES

No. 85-584.

767 F.2d 886 (1985)

GETTY OIL COMPANY, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

July 11, 1985.

Attorney(s) appearing for the Case

Anne E. Tate, Liskow & Lewis, New Orleans, La., argued for appellant. With her on the brief were George J. Domas and Gene W. Lafitte.

Shirley C. Friend, New Orleans, La., of counsel.

George M. Beasley, III, Senior Trial Counsel, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued for appellee. With him on the brief were Richard K. Willard, Acting Asst. Atty. Gen. and David M. Cohen, Director.

Before BENNETT, SMITH and BISSELL, Circuit Judges.

EDWARD S. SMITH, Circuit Judge.

Appellant Getty Oil Company (Getty) appeals from an order of the United States Claims Court denying Getty's summary judgment motion for interest on the amount of its refunded royalty payment. We affirm.

Issues

We face two issues: (1) whether the Government's failure to pay Getty interest on the royalty payment which the Government eventually refunded constitutes a "taking" in violation of the fifth amendment...

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