DICO, INC. v. U.S.

No. 93-5124.

48 F.3d 1199 (1995)

DICO, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 24, 1995.


Attorney(s) appearing for the Case

Charles F. Lettow, Cleary, Gottlieb, Steen & Hamilton, Washington, DC, argued, for plaintiff-appellant. With him on the brief were Michael R. Lazerwitz and Michael A. Mazzuchi.

Robert L. Klarquist, Atty., Environment & Nat. Res. Div., Dept. of Justice, Washington, DC, argued, for defendant-appellee. With him on the brief were Peter R. Steenland, Jr., Acting Asst. Atty. Gen., Environment & Nat. Res. Div., Jacques B. Gelin and Marc A. Smith.

Before RICH, PLAGER and LOURIE, Circuit Judges.


PLAGER, Circuit Judge.

Appellant Dico, Inc. ("Dico") pled in the United States Court of Federal Claims1 a cause of action under the Fifth Amendment to the United States Constitution, seeking compensation for certain expenses Dico incurred pursuant to an environmental cleanup order issued by the United States Environmental Protection Agency ("EPA"). At the time Dico filed suit in the Court of Federal Claims, it had pending a District Court...

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