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McABEE CONST., INC. v. U.S.

No. 96-5004.

97 F.3d 1431 (1996)

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

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined November 13, 1996.

Attorney(s) appearing for the Case

Isaac P. Espy, Espy, Nettles and Scogin, P.C., Tuscaloosa, AL, argued, for plaintiff-appellee. With him on the brief was Laurie A. Brantley. Of counsel was Mark A. Scogin.

Luis M. Matos, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued, for defendant-appellant. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Sharon Y. Eubanks, Deputy Director. Of counsel on the brief was Gary A. Moore, U.S. Army Corps of Engineers, Mobile, AL.

Before NEWMAN, MAYER, and RADER, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined November 13, 1996.

MAYER, Circuit Judge.

The United States appeals the judgment of the United States Court of Federal Claims, No. 94-274 C (Aug. 16, 1995), awarding McAbee Construction, Inc. damages for the diminished value of its property caused by the breach of an easement it had granted to the United States Army Corps of Engineers. Because the finding of a breach was based on an erroneous interpretation...

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