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CEDAR LUMBER, INC. v. UNITED STATES

Appeal No. 86-783.

799 F.2d 743 (1986)

CEDAR LUMBER, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

August 20, 1986.

Attorney(s) appearing for the Case

Joseph A. Yazbeck, Jr. and Paul L. Breed, Allen, Kilmer, Schrader, Yazbeck & Chenoweth, P.C., Portland, Or., for appellant.

Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, M. Susan Burnett, Asst. Director and Sylvia Ford Brown, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., for appellee.

Before RICH and DAVIS, Circuit Judges, and BENNETT, Senior Circuit Judge.

BENNETT, Senior Circuit Judge.

This appeal to the court is from a decision of the Agriculture Board of Contract Appeals (AGBCA) dismissing the appeal of Cedar Lumber, Inc., for lack of jurisdiction. AGBCA held that it could not grant the relief Cedar requested, redetermination of rates for its timber removal contracts with the Forest Service, because in the absence of some performance under the contracts such relief would...

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