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GREENBRIER v. U.S.

No. 98-5111.

193 F.3d 1348 (1999)

GREENBRIER, Woodlake Village Partnership, Carrier Arms Apartments, Ltd., Colonial Terrace Apartments Ltd., First Brookwood, Ltd., First Buena Vida, Ltd., First Fairmont II, Ltd., First Plaza Dorado Limited Partnership, First Village West Limited Partnership, First Plaza Hills East Limited Partnership, High House Village Apartments, Ltd., Hillcrest Apartments, Ltd., Jackson Manor Apartments, Ltd., Skyline Fox Hollow Joint Venture, South Park Apartments, Ltd., Southside Village Apartments, Ltd., First Parkwood Limited Partnership, American River Limited Partnership, Aspen Manor, Bear Mountain Village, Camelot North Company, Camelot South Company, Canyon Apartments Company, Cascade Terrace Limited Partnership, Cottonwood Manor Company, Ellendale Arms Apartments, Escondido Park Apartments, Foothill Gardens Limited Partnership, Hollister Plaza Limited, Imperial Villa Apartments, La Verne Terrace Limited Partnership, Laurel Canyon Terrace, Meyler Park Apartments, Miller Avenue Apartments, Napa Park Ltd., Ontario Townhouses, Palmdalia Limited Partnership, Queen Ann Investment Company, Rose Gardens Housing Limited, Santa Clara Terrace Company, Tempe Apartments, A Limited Partnership, Tempe Garden I, C.A. Hobbs, Jr., Lauryce G. Hobbs, Charles L. Adrian, Southbrook Garden Apartments, Ltd., Sugar Grove Square Ltd., Hugh V. Smith Enterprises, Inc. and First Fairmont Terrace, Ltd., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined December 27, 1999.

Attorney(s) appearing for the Case

H. Stephen Harris, Jr., Alston & Bird, LLP, Atlanta, Georgia, argued, for plaintiffs-appellants. On the brief was R. Carter Sanders, Alston & Bird, LLP, Washington, DC.

Brian M. Simkin, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued, for defendant-appellee. With him on the brief was David M. Cohen.

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

Rehearing Denied; Suggestion for Rehearing En Banc Declined December 27, 1999.

Opinion of the court filed by Circuit Judge LOURIE. Concurring opinion filed by Circuit Judge RADER.

LOURIE, Circuit Judge.

Greenbrier et al. (the "Owners") appeal from the decisions of the United States Court of Federal Claims denying them class certification, see Greenbrier (Lake County Trust Co. No. 1391) v. United States, No. 96-326C (Mar. 7, 1997) and granting...

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