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767 THIRD AVE. ASSOCIATES v. U.S.

No. 94-5075.

48 F.3d 1575 (1995)

767 THIRD AVENUE ASSOCIATES and Sage Realty Corporation, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 3, 1995.

Attorney(s) appearing for the Case

Robert John Ward, Richards & O'Neil, New York City, argued for plaintiffs-appellants. With him on the brief were Shari C. Reig and Peter W. Smith.

Joan M. Pepin, Atty., Dept. of Justice, Washington, DC, argued for defendant-appellee. With her on the brief were Lois J. Schiffer, Acting Asst. Atty. Gen., David C. Shilton, James E. Brookshire and Alan Brenner, Attys.

Before LOURIE, Circuit Judge, BENNETT, Senior Circuit Judge, and SCHALL, Circuit Judge.

LOURIE, Circuit Judge.

767 Third Avenue Associates and Sage Realty Corporation (collectively "Sage") appeal from a judgment of the United States Court of Federal Claims granting the government's motion for summary judgment. 767 Third Ave. Assocs. v. United States, 30 Fed.Cl. 216 (1993). Because Sage failed to establish that the government's actions effected a taking of private property without compensation in violation of the Fifth Amendment of the United States...

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