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U.S. ECOLOGY, INC. v. U.S.

No. 00-5062.

245 F.3d 1352 (2001)

U.S. ECOLOGY, INC., Plaintiff-Appellant, and California Department of Health Services, Plaintiff, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED March 30, 2001.

Attorney(s) appearing for the Case

Karl S. Lytz, Latham & Watkins, of San Francisco, California, argued for plaintiff-appellant. With him on the brief was Laurence H. Levine, of Chicago, Illinois.

Mark R. Haag, Attorney, Appellate Section, Environment & Natural Resources Division, Department of Justice, of Washington, DC, argued for defendant-appellee.

Laurens H. Silver, California Environmental Law Project, of Mill Valley, California, for amicus curiae, Los Angeles City Council Women, et. al., Of counsel on the brief was Stanton J. Price, Law Offices of Stanton J. Price, of Santa Monica, California.

Before MICHEL, Circuit Judge, PLAGER, Senior Circuit Judge, and LINN, Circuit Judge.

MICHEL, Circuit Judge.

This appeal concerns a claim for damages for the breach of an alleged contract between the United States Department of the Interior ("federal government") and the State of California for the sale of federal land located in California. US Ecology asserts that it is entitled to recover as a third-party beneficiary under the alleged contract. The trial court, however, held on summary judgment that no contract had been formed. The government agrees...

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