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CITY OF BURBANK, CALIFORNIA v. U.S.

No. 01-5004.

273 F.3d 1370 (2001)

CITY OF BURBANK, CALIFORNIA, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: December 17, 2001.

Attorney(s) appearing for the Case

John P. Williams, Duncan & Allen, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Jon R. Stickman.

Richard P. Nockett, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC. With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and John W. Showalter, Assistant Director. Of counsel on the brief were Randy A. Roach, Acting General Counsel; Marybeth Van Buren, Assistant General Counsel; and Lara L. Skidmore, Attorney, Office of the General Counsel, Bonneville Power Administration, Department of Energy, of Portland, OR.

Before LOURIE, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

GAJARSA, Circuit Judge.

The Plaintiff-Appellant, the City of Burbank, California ("Burbank"), seeks review of the final decision by the U.S. Court of Federal Claims ("Court of Federal Claims" or "trial court") dismissing Burbank's complaint for lack of subject matter jurisdiction. Burbank filed suit against the United States, acting by and through the Bonneville Power Administration ("BPA" or "Bonneville"), in the Court of Federal Claims under the Tucker Act, 28 U...

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