WHITNEY BENEFITS, INC. v. UNITED STATES

Appeal No. 84-919.

752 F.2d 1554 (1985)

WHITNEY BENEFITS, INC., and Peter Kiewit Sons' Company, Appellants, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

January 9, 1985.


Attorney(s) appearing for the Case

George W. Miller, Hogan & Hartson, Washington, D.C., argued for appellants.

David F. Grady, Hogan & Hartson, Washington, D.C., of counsel.

Claire L. McGuire, Dept. of Justice, Washington, D.C., argued for appellee. With her on the brief were F. Henry Habicht, II, Asst. Atty. Gen., Alfred T. Ghiorzi and Dirk D. Snel, Washington, D.C.

Before MARKEY, Chief Judge, NICHOLS, Senior Circuit Judge, and BISSELL, Circuit Judge.


NICHOLS, Senior Circuit Judge.

This case presents cross-appeals from an unreported decision of the Claims Court dismissing without prejudice a complaint seeking just compensation under the fifth amendment and 28 U.S.C. § 1491. The view of that court, as stated from the bench, was that under the facts no taking could have occurred up to the date of hearing and it was then uncertain whether a taking ever would occur. We have jurisdiction under 28 U.S.C. §...

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