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ALDER TERRACE, INC. v. U.S.

No. 98-5008.

161 F.3d 1372 (1998)

ALDER TERRACE, INC., Alder Terrace Associates and David A.Bolin, Sr., individually and as Trustee of the Irrevocable Living Trust of David A. Bolin, Sr., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 24, 1998.

Attorney(s) appearing for the Case

Bruce Babbitt, Jameson Babbitt Stites & Lombard, P.L.L.C., Seattle, Washington, argued for plaintiffs-appellants.

Brian M. Simkin, 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. Of counsel was Pete Giere, Office of the Assistant General Counsel, Washington State Office, Department of Housing and Urban Development, Seattle, Washington.

Before RICH, NEWMAN, and MICHEL, Circuit Judges.

Opinion for the court filed by Circuit Judge MICHEL. Dissenting opinion filed by Circuit Judge PAULINE NEWMAN.

MICHEL, Circuit Judge.

Plaintiffs-Appellants Alder Terrace, Inc., Alder Terrace Associates, and David A. Bolin, Sr. (collectively, the "Developer") appeal from the judgment of the United States Court of Federal Claims dismissing their complaint pursuant to Rules 12(b)(1) and (4) of the Rules of the United States Court of Federal Claims for lack of...

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