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RICHMOND, FREDERICKSBURG & POTOMAC R. CO. v. U.S.

No. 93-5110.

75 F.3d 648 (1996)

RICHMOND, FREDERICKSBURG & POTOMAC RAILROAD COMPANY, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 26, 1996.

Attorney(s) appearing for the Case

Howard H. Stahl, Steptoe & Johnson, Washington, D.C., argued for plaintiff-appellant. With him on the brief were John R. Labovitz, Robert C. Barber and Gregory Husisian. Also on the brief was Charles A. Hartz, Jr., Vice President & General Counsel, RF & P Corporation, Richmond, Virginia, of counsel.

Jeffrey P. Kehne, Attorney, Environment & Natural Resources Division, Department of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were Lois J. Schiffer, Acting Assistant Attorney General, Stephen J. Odell and Edward J. Shawaker. Of counsel was Jacques B. Gelin, Department of Justice. Also on the brief were Richard G. Robbins and Lisa Del Compare, Office of the Solicitor, Department of the Interior, Washington, D.C., of counsel.

Before ARCHER, Chief Judge, and PLAGER and LOURIE, Circuit Judges.

PLAGER, Circuit Judge.

The Court of Federal Claims granted the Government summary judgment on Plaintiff Richmond, Fredericksburg & Potomac Railroad Company's ("RF & P's") breach of contract and takings claims. Richmond, Fredericksburg and Potomac Railroad Co. v. United States, 27 Fed.Cl. 275 (1992). The parcel of land involved was conveyed in 1938 to RF & P by the Government. RF & P asserted before the trial court that changed conditions surrounding...

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