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UNR INDUSTRIES, INC. v. U.S.

Nos. 89-1638, 89-1639 and 89-1648.

962 F.2d 1013 (1992)

UNR INDUSTRIES, INC., Unarco Industries, Inc., and Eagle Picher Industries, Inc., Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee. KEENE CORPORATION, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 23, 1992.

Attorney(s) appearing for the Case

Joe G. Hollingsworth, Spriggs & Hollingsworth, Washington, D.C., argued for plaintiffs-appellants. With him on the brief were William J. Spriggs, Paul G. Gaston and Catherine B. Baumer, of counsel.

John H. Kazanjian, Anderson, Kill, Olick & Oshinsky, P.C., New York City, argued for plaintiff-appellant. With him on the brief were John E. Kidd, Walter G. Marple, Jr. and Arthur S. Olick. Also on the brief were Paul C. Warnke, Harold D. Murry, Jr., and Philip H. Hecht, Howrey & Simon, Washington, D.C.

Robert M. Loeb, Civil Div., Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen. and Barbara C. Biddle. Also on the brief were J. Patrick Glynn and David S. Fishback, Torts Branch, Civil Div., Dept. of Justice, of Washington, D.C.

Sidney S. Rosdeitcher, David G. Bookbinder, Theodore F. Haas and Robert N. Kravitz, Paul, Weiss, Rifkind, Wharton & Garrison, of New York City, were on the brief for amicus curiae, GAF Corp.

Before NIES, Chief Judge, RICH, NEWMAN, ARCHER, MAYER, MICHEL, PLAGER, LOURIE, CLEVENGER, and RADER, Circuit Judges.

MAYER, Circuit Judge.

This is a rehearing in banc of an appeal from the United States Claims Court, 17 Cl.Ct. 146 (1989), which dismissed the cases of UNR Industries, Inc., Eagle-Picher Industries, Inc., and Keene Corporation because it lacked jurisdiction under 28 U.S.C. § 1500 (1988). An earlier judgment and the opinion of this court, 911 F.2d 654 (Fed.Cir.1990), were vacated, 926 F.2d 1109

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