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NL INDUSTRIES, INC. v. UNITED STATES

No. 87-1474.

839 F.2d 1578 (1988)

NL INDUSTRIES, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 24, 1988.

Attorney(s) appearing for the Case

Herbert L. Fenster, of McKenna, Conner & Cuneo, Washington, D.C., argued, for plaintiff-appellant. With him on the brief, were David A. Churchill and Tami Lyn Azorsky.

Terrence S. Hartman, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for defendant-appellee. With him on the brief were Richard K. Willard, Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief, were Avrum Fingeret, Dept. of Energy and Charles Mullins, Nuclear Regulatory Com'n, of counsel.

Before RICH and SMITH Circuit Judges, and NICHOLS, Senior Circuit Judge.

NICHOLS, Senior Circuit Judge.

This is a companion case to Allied-General Nuclear Services, et al. v. United States, No. 87-1481, brought also in the Claims Court and decided on cross-motions for summary judgment by the same judge at the same time. Whereas Allied-General was to serve the purpose of the government by reprocessing the spent fuel remaining after its power-producing capability had been exhausted in nuclear...

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