STRICKLAND v. U.S.

Nos. 99-5019, 99-5026.

199 F.3d 1310 (1999)

Caroline E. STRICKLAND, Plaintiff-Appellant, and Arthur Charlton and Joyce Healy, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 15, 1999.


Attorney(s) appearing for the Case

Graeme H. Strickland, Jr., of Lake Oswego, Oregon, argued for plaintiff-appellant.

Jerome C. Muys, Muys & Associates, P.C., of Washington, DC, argued for plaintiffs-appellants.

Kristine S. Tardiff, Attorney, U.S. Attorney's Office, Environmental and Natural Resources Division, General Litigation Section, Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Lois J. Schiffer, Assistant Attorney General and David C. Shilton, Attorney, Environmental and Natural Resources Division, Appellate Section, Department of Justice, of Washington, DC.

Before MICHEL, RADER, and GAJARSA, Circuit Judges.


GAJARSA, Circuit Judge.

DECISION

This is an appeal from an order of the United States Court of Federal Claims granting Appellee's motion for summary judgment on the grounds that Appellants' suit was time-barred. See Strickland v. United States, 42 Fed.Cl. 41 (1998). For the reasons that follow, we conclude that the Court of Federal Claims erred in granting summary judgment and we reverse and remand.

HISTORICAL BACKGROUND

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