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CITY OF TACOMA, WASH. v. RICHARDSON

No. 98-1073.

163 F.3d 1337 (1998)

CITY OF TACOMA, WASHINGTON, Plaintiff-Appellee, v. Bill RICHARDSON, Secretary, U.S. Department of Energy, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

December 8, 1998.

Attorney(s) appearing for the Case

Timothy R. Volpert, Davis Wright Tremaine, LLP, of Portland, Oregon, argued for plaintiff-appellee. With him on the brief was James S. Smith.

Mary K. Doyle, Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief were Frank W. Hunger, Assistant Attorney General and Barbara C. Biddle, Attorney.

Before MAYER, Chief Judge, NEWMAN, and CLEVENGER, Circuit Judges.

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

MAYER, Chief Judge.

The United States Department of Energy, acting through the Western Area Power Administration ("WAPA"), appeals the judgment of the United States District Court for the Western District of Washington, which denied its motion to transfer the city of Tacoma's action against WAPA to the United States Court of Federal Claims. See City of...

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