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CAVIN v. U.S.

Nos. 90-5098, 90-5106.

956 F.2d 1131 (1992)

Benton C. CAVIN, Benton C. Cavin as assignee of Lorna M. Osburn, Benton C. Cavin, as assignee of Robin C. Cavin, Benton C. Cavin, as executor of the estate of Carl T. Cavin, Doreen N. Cavin, Lorna M. Osburn and Dennis C. Osburn, Plaintiffs-Appellants, v. The UNITED STATES, Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

February 13, 1992.

Attorney(s) appearing for the Case

William F. Davis, William F. Davis Law Offices, Pacific Palisades, Cal., argued, for plaintiffs-appellants.

Ellen J. Durkee, Dept. of Justice, Environment and Natural Resources Div., Washington, D.C., argued, for defendant/cross-appellant. With her on the brief was Richard B. Stewart, Asst. Atty. Gen. Of counsel, David C. Shilton, Dept. of Justice, Washington, D.C. Also on the brief was Ellen Hornstein, Office of General Counsel, Dept. of Agriculture, Washington, D.C., of counsel.

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

RADER, Circuit Judge.

Benton C. Cavin, et al., sought compensation for the United States Forest Service's activities on real property claimed by the Cavins. The United States Claims Court dismissed Cavins' takings claims for untimely filing, dismissed Cavins' tort claims for lack of jurisdiction, and awarded the Cavins costs. Cavin v. United States, 19 Cl.Ct. 190 (1989). The Cavins appeal the dismissal and request transfer of their tort claims. The Forest Service...

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