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BRANNING v. UNITED STATES

Appeal Nos. 85-2535, 85-2536.

784 F.2d 361 (1986)

Cloide C. BRANNING, d/b/a Pleasant Point Plantation, a Partnership, Appellee/Cross-Appellant, and Morgan Guaranty Trust Company of New York, Appellee, v. UNITED STATES, Appellant/Cross-Appellee.

United States Court of Appeals, Federal Circuit.

February 14, 1986.

Attorney(s) appearing for the Case

David C. Shilton, Dept. of Justice, Washington, D.C., argued, for appellant/cross-appellee. With him on the brief were F. Henry Habicht, II, Asst. Atty. Gen., Robert L. Klarquist and Susan V. Cook, Richard W. Eddy, Dept. of the Navy, Washington, D.C., of counsel.

Paul Martin Wolff, Williams & Connolly, Washington, D.C., argued, for appellee/cross-appellant Branning. With him on the brief were Robert P. Watkins and F. Whitten Peters.

Joseph R. Bankoff, King & Spalding, Atlanta, Ga., argued, for appellee Morgan Guar.

Before BALDWIN, Circuit Judge, COWEN, Senior Circuit Judge, and NEWMAN, Circuit Judge.

COWEN, Senior Circuit Judge.

Appellant (the Government) seeks reconsideration of a 1981 decision of the United States Court of Claims (Court of Claims), which held that the United States was liable for a Fifth Amendment taking of the property of Cloide C. Branning (Branning). Appellee, Morgan Guaranty Trust Company of New York (Morgan), which had an equitable interest in the property, joined in the suit in the Court of Claims as a third-party plaintiff. Branning filed...

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