NEW VALLEY CORP. v. U.S.

No. 96-5071.

119 F.3d 1576 (1997)

NEW VALLEY CORPORATION, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 23, 1997.


Attorney(s) appearing for the Case

Sarah S. Gold, Proskauer Rose Goetz & Mendelsohn, LLP, New York City, argued for plaintiff-appellant. With her on the brief was Arnold I. Burns.

Geoffrey C. Cook, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for defendant-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director.

Clarence T. Kipps, Jr., Miller & Chevalier, Chartered, Washington, DC, for amicus curiae. With him on the brief was Kevin C. Dwyer. Of counsel on the brief were John J. Higgins, John T. Kuelbs, Jennifer A. Smolker, Scott B. Tollefsen, and M. Keith Nocket, Hughes Electronics Corporation, Los Angeles, CA.

Before RICH, MAYER, and LOURIE, Circuit Judges.


Opinion for the court filed by Circuit Judge MAYER. Dissenting opinion filed by Circuit Judge LOURIE.

MAYER, Circuit Judge.

New Valley Corporation appeals the order of the United States Court of Federal Claims, 34 Fed.Cl. 703 (1996), dismissing its complaint seeking damages for breach of contract or just compensation for a taking allegedly caused by the National Aeronautics and Space Administration's (NASA) failure to launch New Valley's satellite. Because...

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