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ALLUSTIARTE v. U.S.

No. 00-5112.

256 F.3d 1349 (2001)

Ben W. ALLUSTIARTE, Benjamin Allustiarte, Gayle Allustiarte, Linda A. Allustiarte, William J. Connolly, Ruth F. Howard, James D. Huffer, Karin Huffer, John L. Johnston, Raj Kumar, Charles G. Milden, Susan P. Milden, Marianne A. Pack, Frances Palmer, Robert Palmer, and Western Investors Group, Inc., Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided July 16, 2001.

Attorney(s) appearing for the Case

William T. Barrante, of Watertown, Connecticut, argued for plaintiffs-appellants.

Katherine J. Barton, Attorney, Environment and Natural Resources Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Lois J. Schiffer, Assistant Attorney General; John A. Bryson, and Susan V. Cook, Attorneys.

Before CLEVENGER, SCHALL, and GAJARSA, Circuit Judges.

SCHALL, Circuit Judge.

This is an appeal from the decision of the United States Court of Federal Claims that dismissed appellants' complaint against the United States for lack of subject matter jurisdiction. Allustiarte v. United States, 46 Fed. Cl. 713 (2000). The court determined that it did not have jurisdiction to consider appellants' allegations "that the actions approved by the bankruptcy courts [of the Ninth Circuit] resulted in takings ... in violation...

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