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S & M ENTERPRISES v. U.S.

No. 99-5061.

199 F.3d 1317 (1999)

S & M ENTERPRISES, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 28, 1999.

Attorney(s) appearing for the Case

James G. Greilsheimer, Tenzer Greenblatt LLP, of New York, New York, argued for plaintiff-appellant.

Harold D. Lester, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were David W. Ogden, Acting Assistant Attorney General and David M. Cohen, Director. Of counsel on the brief was Lori J. Dym, Attorney, United States Postal Service, of Washington, DC.

Before MICHEL, SCHALL, and BRYSON, Circuit Judges.

MICHEL, Circuit Judge.

This is an appeal from the January 29, 1999 decision of the United States Court of Federal Claims granting summary judgment in favor of the government. See S & M Enters. v. United States, 43 Fed.Cl. 210 (1999). Plaintiff-Appellant S & M Enterprises ("S & M") was the owner of the property located at 207-213 East 36th Street, New York, New York ("the Property"). On June 29, 1987, the United States acquired the Property through...

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