ATLAS CORPORATION, Kerr-McGee Chemical Corporation, Quivira Mining Company, Western Nuclear, Inc., Atlantic Richfield Company, Umetco Minerals Corporation and Union Carbide Corporation, Homestake Mining Company of California, Inc., and Pathfinder Mines Corporation, Plaintiffs-Appellants,
v.
The UNITED STATES, Defendant-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
February 2, 1990.
February 2, 1990.
Attorney(s) appearing for the Case
Peter J. Nickles, Covington & Burling, Washington, D.C., Harley W. Shaver, Shaver & Licht, Denver, Colo. and Ramsay D. Potts, P.C., Shaw, Pittman, Potts & Trowbridge, Washington, D.C., argued, for plaintiffs-appellants. Also on the brief were Theodore Voorhees, Jr., Elliott Schulder, Jay T. Smith, Covington & Burling and R. Kenley Webster, P.C. and Jonathan S. Baker, Shaw, Pittman, Potts & Trowbridge, Washington, D.C.
Peter D. Dickson, Van Ness, Feldman, Sutcliffe & Curtis, Washington, D.C., represented Umetco Minerals.
Jon J. Indall, Carpenter, Crout & Olmsted, Santa Fe, N.M., represented Homestake Mining Co. of Cal., Inc.
Sunny J. Nixon, Carpenter, Crout & Olmsted, Santa Fe, N.M., represented Pathfinder Mines Corp.
Mary Mitchelson, Asst. Director, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for defendant-appellee. With her on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief were Leonard Kreitzberg, Dept. of Energy and Charles Mullins, Nuclear Regulatory Com'n Washington, D.C., of counsel.
Before MARKEY, Chief Judge, BENNETT, Senior Circuit Judge, and NEWMAN, Circuit Judge.
United States Court of Appeals, Federal Circuit.
BENNETT, Senior Circuit Judge.
This appeal is from the final judgment of the Claims Court (Merow, J.) granting the government's motion for judgment on the pleadings and dismissing the complaints. 15 Cl.Ct. 681 (1988). We affirm.
BACKGROUND
The plaintiffs are corporations, or successors to corporations, which entered into contracts with the government for the production of uranium or thorium.
Following the Second World War, uranium production...
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