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ALVES v. U.S.

No. 97-5042.

133 F.3d 1454 (1998)

Maynard ALVES, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 12, 1998.

Attorney(s) appearing for the Case

Robert T. Moxley, Gage and Moxley, Cheyenne, WY, argued, for Plaintiff-Appellant. With him on the brief was Karen Budd-Falen, Budd-Falen Law Offices, P.C., Cheyenne, WY.

Tamara N. Rountree, Attorney, Appellate Section, Environment & Natural Resources Division, U.S. Department of Justice, Washington, DC, argued, for Defendant-Appellee. With her on the brief were Lois J. Schiffer, Assistant Attorney General, Robert L. Klarquist, Attorney, and Pamela Sue West, Attorney.

Before MAYER, Chief Judge, LOURIE and RADER, Circuit Judges.

LOURIE, Circuit Judge.

Maynard Alves appeals from the decision of the United States Court of Federal Claims dismissing on summary judgment his Fifth Amendment "takings" and breach of contract claims. Alves v. United States, No. 93-261L (Fed.Cl. Nov. 8, 1996). Because the court did not err in determining that Alves' allegations established neither a Fifth Amendment taking nor a breach of contract, we affirm.

BACKGROUND

In 1988, Alves purchased...

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