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FRAZER v. U.S.

No. 01-5118.

288 F.3d 1347 (2002)

I.K. FRAZER, Margie P. Berger, Peggy Cothren Jasso, Michael P. Dear, Stewart M. Kenderdine, Edwin Gaston, Jr. and Janice Colley, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 30, 2002.

Attorney(s) appearing for the Case

Dennis M. Hart, Butera & Andrews, of Washington, DC, argued for plaintiffs-appellants. With him on the brief was James J. Butera.

Brian Mizoguchi, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Stuart E. Schiffer, Deputy Assistant Attorney General; David M. Cohen, Director; Jeanne E. Davidson, Deputy Director; and Elizabeth M. Hosford, Trial Attorney.

Before MAYER, Chief Judge, RADER, and GAJARSA, Circuit Judges.

GAJARSA, Circuit Judge.

This is a Winstar-related case. The appellants (collectively "Frazer") seek review of a final decision by the United States Court of Federal Claims dismissing their complaint for lack of subject matter jurisdiction because they failed to file the complaint within the six-year statute of limitations codified at 28 U.S.C. § 2501. On appeal, the appellants concede that the complaint was not filed within the six-year limitations period...

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