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AULSTON v. U.S.

No. 87-1054.

823 F.2d 510 (1987)

Joe AULSTON and Lola Aulston et al., Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 2, 1987.

Attorney(s) appearing for the Case

Stephen H. Muse, San Antonio, Tex., argued for plaintiffs-appellants.

John T. Stahr, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on brief were F. Henry Habicht, II, Asst. Atty. Gen., Dirk D. Snel and Glen R. Goodsell. Also on the brief was Lyle K. Rising, Office of the Sol., Dept. of the Interior, Denver, Colo., of counsel.

Before FRIEDMAN, RICH, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

Plaintiffs appeal from the United States Claims Court's decision granting the Government's motion to dismiss on the ground that the court lacks jurisdiction under 28 U.S.C. § 1491 (1982). Aulston v. United States, 11 Cl.Ct. 58 (1986) (Wiese, J.). The Claims Court properly held that it lacked the power to decide appellants' Fifth Amendment taking case in its present procedural posture in view of the Interior Board of Land Appeals'...

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