RALDEN PARTNERSHIP v. U.S.

No. 88-1269.

891 F.2d 1575 (1989)

RALDEN PARTNERSHIP, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

December 14, 1989.


Attorney(s) appearing for the Case

Robert Allen Evers, Davis Wright & Jones, Washington, D.C., argued, for appellant. With him on the brief was David Simon. Thomas A. Cocciardi, Davis Wright & Jones, Washington, D.C., of counsel.

Howard Lipper, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellee. With him on the brief, were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Also on the brief, were Drew Moran, Asst. Gen. Counsel and Mary Willis Clarke, Atty. Advisor, U.S. Environmental Agency, Washington, D.C., of counsel.

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


ARCHER, Circuit Judge.

Ralden Partnership (Ralden) appeals the decision of the Interior Board of Contract Appeals (Board) dated July 1, 1987, IBCA No. 2116, which became final by Order of the Board on December 1, 1987, holding that Ralden is not entitled to, and must repay to the United States (government), the rents received in 1981-1985 under Lease No. HSM-110-69-281 and Supplement Lease Agreements (SLAs) to the extent such rents exceeded the limitation in section...

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