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YANCEY v. U.S.

Nos. 89-1698, 89-1729.

915 F.2d 1534 (1990)

Andrew H. YANCEY and Elizabeth H. Yancey, Plaintiffs/Cross-Appellants, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 28, 1990.

Attorney(s) appearing for the Case

Thomas H. Yancey, Sidley & Austin, Washington, D.C., argued for plaintiffs/cross-appellants.

John S. Groat, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellant. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Also on the brief was William Jenson, Dept. of Agr., of counsel.

Before NEWMAN, Circuit Judge, MILLER, Senior Circuit Judge, and MUECKE, Senior District Judge.

MUECKE, Senior District Judge.

Seeking reversal of a Claims Court decision, the Government argues that the United States Department of Agriculture's (USDA) imposition of a poultry quarantine is not a taking compensable under the Fifth Amendment. On cross-appeal, the Yanceys seek a ruling that affirms the Claims Court's decision but that increases the amount recoverable or, alternatively, a ruling that remands the case for a determination of statutory compensation...

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