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MARATHON OIL CO. v. U.S.

No. 97-5146.

236 F.3d 1313 (2000)

MARATHON OIL COMPANY and Mobil Oil Exploration & Producing Southeast, Inc., Plaintiffs-Appellees, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied February 16, 2001.

Attorney(s) appearing for the Case

Carter G. Phillips, Sidley & Austin, of Washington, DC, argued for plaintiffs-appellees. On the brief were E. Edward Bruce, Steven J. Rosenbaum, and Karen A. Ballotta, Covington and Burling; and Richard D. Bernstein and Griffith L. Green, Sidley & Austin, of Washington, DC.

Mark A. Melnick, Assistant Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were, David W. Ogden, Assistant Attorney General, and David M. Cohen, Director.

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

PAULINE NEWMAN, Circuit Judge.

This case returns to the Federal Circuit upon reversal by the Supreme Court1 of this court's decision reported at Marathon Oil Co. v. United States, 177 F.3d 1331 (Fed.Cir.1999). We now apply the Court's ruling to the judgments of the Court of Federal Claims,2 and affirm the judgments of that court.

Plaintiffs Marathon Oil Company...

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