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WALCEK v. U.S.

No. 01-5108.

303 F.3d 1349 (2002)

Delores WALCEK, Stanley Walcek, Albert Walcek, and Regina Ammons, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 11, 2002.

Attorney(s) appearing for the Case

James S. Burling, Pacific Legal Foundation, of Sacramento, CA, argued for plaintiffs-appellants. Of counsel on the brief was Stanley J. Walcek, of Bethany Beach, DE.

John L. Smeltzer, Attorney, Environment and Natural Resources Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were John C. Cruden, Acting Assistant Attorney General; and Katherine J. Barton, Attorney.

Before SCHALL, BRYSON, and GAJARSA, Circuit Judges.

GAJARSA, Circuit Judge.

The plaintiffs-appellants, Dolores, Stanley, and Albert Walcek, and Regina Ammons (collectively the "Walceks"), appeal a judgment by the United States Court of Federal Claims ("Court of Federal Claims" or "trial court"). The Court of Federal Claims determined that the regulation of the Walceks' real property pursuant to section 404 of the Clean Water Act, 33 U.S.C. § 1344, effected no Fifth Amendment taking. Walcek v. United States...

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