SOMMERS OIL CO. v. U.S.

No. 00-5066.

241 F.3d 1375 (2001)

SOMMERS OIL COMPANY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: March 9, 2001.


Attorney(s) appearing for the Case

Timothy M. O'Brien, Oliver Maner & Gray LLP, of Savannah, Georgia, argued for plaintiff-appellant. Of counsel was Patrick T. O'Connor.

Kathleen Z. Quill, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were David M. Cohen, Director; and Harold D. Lester, Jr., Assistant Director.

Before CLEVENGER, SCHALL, and BRYSON, Circuit Judges.


BRYSON, Circuit Judge.

Sommers Oil Company ("Sommers") contends that agents of the United States seized and retained $41,000 in cash that belonged to Sommers. After unsuccessfully attempting to obtain the funds through administrative channels, Sommers filed suit in the United States Court of Federal Claims, arguing that it was entitled to the money on four legal theories, set forth in a four-count complaint. The Court of Federal Claims denied relief. The court dismissed...

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