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BASS ENTERPRISES PRODUCTION CO. v. U.S.

No. 96-5132.

133 F.3d 893 (1998)

BASS ENTERPRISES PRODUCTION COMPANY; Perry R. Bass, Inc.; Lee M. Bass, Inc.; Sid R. Bass, Inc.; Thru Line, Inc.; Keystone, Inc.; Enron Oil & Gas Company, Sid R. Bass, Edward P. bass, Robert M. Bass, Lee M. Bass and Reagan H. Legg, Plaintiffs-Appellees, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

January 7, 1998.

Attorney(s) appearing for the Case

Harold L. Hensley, Jr., Hinkle, Cox, Eaton, Coffield & Hensley, L.L.P., Roswell, NM, argued for plaintiffs-appellees. With him on the brief were James M. Hudson and Karolyn K. Nelson.

Jeffrey C. Dobbins, Attorney, Appellate Section, Environment & Natural Resources Division, U.S. Department of Justice, Washington, DC, argued for defendant-appellant. With him on the brief were Lois J. Schiffer, Assistant Attorney General, John A. Bryson, Attorney, Appellate Section, and Susan V. Cook, Attorney, General Litigation Section. Of counsel on the brief was Dennis Daugherty, Office of the Solicitor, Department of the Interior, Washington, DC.

Before NEWMAN, Circuit Judge, COWEN, and ARCHER, Senior Circuit Judges.

ARCHER, Senior Circuit Judge.

The United States (government) appeals the judgment of the United States Court of Federal Claims holding the government liable and assessing just compensation for a permanent regulatory taking of plaintiffs' (collectively Bass) rights under a lease to drill and remove gas and oil deposits, see Bass Enter. Prod. Co. v. United States, 35 Fed. Cl. 615 (1996); Bass Enter. Prod. Co. v. United States, No. 95-52 L (Fed.Cl. June...

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