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JOHNS-MANVILLE CORP. v. U.S.

Nos. 89-1130, 89-1404.

893 F.2d 324 (1989)

JOHNS-MANVILLE CORPORATION and Johns-Manville Sales Corporation, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 28, 1989.

Attorney(s) appearing for the Case

Robert M. Bruskin, Howrey & Simon, Washington, D.C., argued for plaintiffs-appellants. With him on the brief were Harvey G. Sherzer and Patricia A. Ewing. Also on the brief was Robert D. Batson, Manville Corp., Denver, Colo., of counsel.

Robert D. Kamenshine, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen., Jay B. Stephens, U.S. Atty. and William Kanter.

Before BISSELL, Circuit Judge, BENNETT and SMITH, Senior Circuit Judges.

BENNETT, Senior Circuit Judge.

This appeal is from the order and judgment issued by the Claims Court on September 28, 1988, in Johns-Manville Corp. v. United States, Nos. 465-83C, 688-83C, and 1-84C, in which the Claims Court dismissed the complaints for lack of subject matter jurisdiction and awarded costs to the United States. We reverse the award of costs.

BACKGROUND

Johns-Manville Corporation and Johns-Manville Sales Corporation (Manville...

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