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HILO COAST PROCESSING CO. v. U.S.

Appeal No. 86-681.

816 F.2d 629 (1987)

HILO COAST PROCESSING COMPANY, et al., Appellants, and California and Hawaiian Sugar Co., Third Party Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

April 14, 1987.

Attorney(s) appearing for the Case

Stephen A. Zovickian, McCutchen, Doyle, Brown & Emersen, of San Francisco, Cal., argued for appellants. With him on the brief was Loyd W. McCormick.

Linda Lance, Dept. of Justice, of Washington, D.C., argued for appellee. With her on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Terrence Jackson and John R. Lom, Office of the General Counsel, Dept. of Agriculture, of Washington, D.C., of counsel.

Before FRIEDMAN, Circuit Judge, BALDWIN, and MILLER, Senior Circuit Judges.

JACK R. MILLER, Senior Circuit Judge.

This appeal is from the Claims Court's judgment filed September 20, 1985, ordering dismissal of plaintiffs' complaint following the granting of defendant's motion for summary judgment and the denial of plaintiffs' like motion. We reverse and remand.

BACKGROUND

Claims Court's Published Opinion (Jan. 8, 1985)

The first and only published report of this case is at 7 Cl.Ct. 175 (issued January 8...

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