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STONE FOREST INDUSTRIES, INC. v. U.S.

Nos. 91-5120, 91-5121.

973 F.2d 1548 (1992)

STONE FOREST INDUSTRIES, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

August 13, 1992.

Attorney(s) appearing for the Case

Wesley R. Higbie, Hendrickson, Higbie & Carter, San Francisco, Cal., argued, for plaintiff-appellant.

Paul D. Langer, Atty., Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued for defendant/cross-appellant. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Sharon Y. Eubanks, Asst. Director and Anthony J. Ciccone, Atty. Also on the brief was Kenneth Capps, Atty., Natural Resources Div., Office of General Counsel, Dept. of Agriculture, Washington, D.C., of counsel.

Before RICH, NEWMAN, and MICHEL, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

In this appeal and cross-appeal from a decision of the United States Claims Court,1 Stone Forest Industries (SFI) appeals the portion of the decision refusing refund of certain advance deposits paid by SFI under a timber contract. The United States appeals the court's assessment of interest on certain sums. We reverse on both of these issues.

Background

In 1977 the United States Forest Service...

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