PINE PRODUCTS CORP. v. U.S.

No. 90-5093.

945 F.2d 1555 (1991)

PINE PRODUCTS CORPORATION, Timber Investors, Inc. and Joint Venture, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 30, 1991.


Attorney(s) appearing for the Case

John B. Crowell, Jr., Lane Powell Spears Lubersky, Portland, Or., argued for plaintiffs-appellants.

Richard P. Nockett, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellee, Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director (Rhea Daniels Moore, Deputy Asst. Gen. Counsel, Dept. of Agriculture, of counsel), on brief.

Before NIES, Chief Judge, and NEWMAN and ARCHER, Circuit Judges.


NIES, Chief Judge.

This is an appeal from the United States Claims Court's grant of summary judgment in favor of the government, Pine Products Corp. v. United States, 19 Cl.Ct. 691 (1990), on plaintiffs' claim for a refund of a portion of the amount paid by plaintiff Joint Venture for buy-out of its contract to harvest timber in accordance with the Federal Timber Contract Payment Modification Act, 16 U.S.C. § 618 (1988) (Timber Act). We affirm.

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