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HOSKINS LUMBER CO., INC. v. U.S.

No. 95-5114.

89 F.3d 816 (1996)

HOSKINS LUMBER CO., INC., Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

July 12, 1996.

Attorney(s) appearing for the Case

James N. Westwood, Miller, Nash, Wiener, Hager & Carlsen, Portland, Oregon, argued for plaintiff-appellee. With him on the brief was Douglas M. Ragen.

John K. Lapiana, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., argued for defendant-appellant. On the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Lisa B. Donis, Attorney.

Before MICHEL, RADER and BRYSON, Circuit Judges.

PER CURIAM.

The government appeals from the March 16, 1995, decision of the United States Court of Federal Claims, No. 323-88 C, dismissing the government's counterclaim for damages under the "no resale" clause of its timber contract with Hoskins Lumber Co. (Hoskins). The trial court denied the government's motion for reconsideration on April 6, 1995, adhering to its earlier conclusion that it "did not have reliable testimony sufficient to understand how defendant...

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