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BRIGHTON VILLAGE ASSOCIATES v. U.S.

No. 94-5142.

52 F.3d 1056 (1995)

BRIGHTON VILLAGE ASSOCIATES, Herbert F. Gold, Juan M. Cofield, James E. Cofield, Jr., Trustee, and Herbert F. Gold, Trustee, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 21, 1995.

Attorney(s) appearing for the Case

Carl Augustus Scharfe Coan, Jr., Coan & Lyons, Washington, DC, argued for plaintiffs-appellants. With him on the brief was Carl Augustus Scharfe Coan, III.

Brian Simkin, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for defendant-appellee. With him on the brief were Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director and Jeanne E. Davidson, Asst. Director. Also on the brief were John Harold, Associate Gen. Counsel for Litigation, Howard M. Schmeltzer, Asst. Gen. Counsel for Litigation and Barton Shapiro, Trial Atty., Office of Gen. Counsel, Dept. of Housing and Urban Development, Washington, DC, of counsel.

Before ARCHER, Chief Judge, RADER and SCHALL, Circuit Judges.

RADER, Circuit Judge.

Brighton Village Associates sued the Department of Housing and Urban Development (HUD) for breach of contract because HUD did not make annual rent adjustments for Brighton's subsidized housing project from 1981 to 1986. The United States Court of Federal Claims dismissed the 1981 to 1984 claims as time-barred and granted HUD summary judgment for the 1985 and 1986 claims. Brighton Village Assocs. v. United States, 31 Fed.Cl. 324, 330-35...

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