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DAIRYLAND POWER CO-OP. v. U.S.

No. 93-5131.

16 F.3d 1197 (1994)

DAIRYLAND POWER COOPERATIVE, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 15, 1994.

Attorney(s) appearing for the Case

Charles C. Thebaud, Jr., Newman & Holtzinger, of Washington, D.C., argued for plaintiff-appellant.

Anthony J. Ciccone, Attorney, Commercial Litigation Branch, Department of Justice, of Washington, D.C., argued for defendant-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director and Jeanne E. Davidson, Assistant Director. Also on the brief were Marc Kasischke, Office of the General Counsel, Department of Energy, Washington, D.C. and Alan I. Handwerker, DOE Chicago Office of Counsel, Argonne, Illinois, of counsel.

Before NIES, Chief Judge, PLAGER and CLEVENGER, Circuit Judges.

CLEVENGER, Circuit Judge.

Dairyland Power Cooperative appeals the March 29, 1993 judgment of the United States Court of Federal Claims dismissing its complaint for failure to state a claim upon which relief can be granted. In ruling on the parties' cross-motions for summary judgment, the Court of Federal Claims held as matters of law that Dairyland's execution of a valid release discharging the Government from liability barred Dairyland's claim for contract damages...

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