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CEDAR LUMBER, INC. v. U.S.

Appeal No. 88-1081.

857 F.2d 765 (1988)

CEDAR LUMBER, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 15, 1988.

Attorney(s) appearing for the Case

Barry W. Dod, Allen, Kilmer, Schrader, Yazbeck & Chenoweth, Portland, Or., argued for plaintiff-appellant. With him on the brief was Joseph A. Yazbeck, Jr.

Joseph A. Kijewski, Dept. of Justice, Washington, D.C., argued for defendant-appellee. John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director, M. Susan Burnett, Asst. Director and Jeanne A. Anderson, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., were on the brief for defendant-appellee.

Before RICH, DAVIS and NIES, Circuit Judges.

RICH, Circuit Judge.

This appeal is from the November 4, 1987, judgment of the United States Claims Court (Bruggink, J.), 13 Cl.Ct. 547 (1987), denying Cedar Lumber's (Cedar's) motion for summary judgment and granting the Government's cross-motion for summary judgment. We affirm.

BACKGROUND

In 1976, Cedar Lumber entered into a timber sale contract, called the Upper Sardine Timber Sale, with the United States Department of Agriculture, Forest Service...

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