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HATTER v. U.S.

No. 97-5093.

185 F.3d 1356 (1999)

Judge Terry J. HATTER, Jr., Mary Martin Arceneaux, on behalf of the late Judge George Arceneaux, Jr., Judge Peter H. Beer, Judge Dudley H. Bowen, Jr., Dolores Lee Burciaga, executrix of the estate of Chief Judge Juan G. Burciaga, Judge A.J. McNamara, Judge Harry Pregerson, Judge Raul A. Ramirez, Judge Norman C. Roettger, Jr., Chief Judge Thomas A. Wiseman, Jr., Chief Judge Terence T. Evans, Judge Henry A. Mentz, Jr., Chief Judge Wilbur D. Owens, Jr., Judge Henry R. Wilhoit, Jr., Judge Harold A. Baker and Chief Judge Michael M. Mihm, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 5, 1999.

Attorney(s) appearing for the Case

Steven S. Rosenthal, Morrison & Foerster LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were W. Stephen Smith and Jonathan S. Gowdy. Of counsel on the brief were Ellen E. Deason, Assistant Professor, University of Illinois, College of Law, of Champaign, Illinois.

Jeanne E. Davidson, Assistant Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief was David M. Cohen, Director. Of counsel on the brief were Mildred L. Seidman, Chief, Court of Federal Claims Section, Tax Division, Department of Justice; and Luke Levasseur, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC.

Before PLAGER, Circuit Judge, ARCHER, Senior Circuit Judge, and RADER, Circuit Judge.

PLAGER, Circuit Judge.

Terry J. Hatter, Jr., et al. appeal the damages calculation of the Court of Federal Claims, Hatter v. United States, 38 Fed. Cl. 166 (1997) (Hatter VI), on remand from this court's decision in Hatter v. United States, 64 F.3d 647 (Fed.Cir.1995) (Hatter IV).1 In Hatter IV, we held that the Compensation...

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