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BRAZOS ELEC. POWER CO-OP., INC. v. U.S.

No. 97-1590.

144 F.3d 784 (1998)

BRAZOS ELECTRIC POWER COOPERATIVE, INC., Plaintiff-Appellant, v. UNITED STATES, Department of Agriculture and Rural Utilities Service, Defendants-Appellees, and Texas Utilities Electric Company, Defendant.

United States Court of Appeals, Federal Circuit.

May 19, 1998.

Attorney(s) appearing for the Case

Robert A. Jablon, Spiegel & McDiarmid, Washington, DC, argued for plaintiff-appellant. With him on the brief was Thomas J. Bryne. Also on the brief were Joseph Robert Riley and Norbert James McDermitt, Riley & McDermitt, Waco, TX.

Lloyd H. Randolph, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, argued for defendants-appellees. With him on the brief were Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director.

Before NEWMAN, MICHEL, and CLEVENGER, Circuit Judges.

MICHEL, Circuit Judge.

Brazos Electric Power Cooperative, Inc. ("Brazos") appeals the decision of the United States District Court for the Western District of Texas ordering the transfer of its case to the United States Court of Federal Claims. See Brazos Elec. Power Coop. v. United States, Civ. No. W-95-CA-318 (W.D.Tex. Aug. 28, 1997). This case was submitted for our decision following oral argument on April 2, 1998. Because the district court properly characterized...

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