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MANN v. U.S.

No. 03-5013.

334 F.3d 1048 (2003)

Stanley K. MANN, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: June 27, 2003.

Attorney(s) appearing for the Case

Steven J. Lechner, Mountain States Legal Foundation, of Lakewood, CO, argued for plaintiff-appellant. With him on the brief was William Perry Pendley.

Luke Levasseur, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director, and Jeanne E. Davidson, Deputy Director.

Before MAYER, Chief Judge, NEWMAN, and PROST, Circuit Judges.

PROST, Circuit Judge.

Stanley K. Mann ("Mr.Mann") appeals the decision of the United States Court of Federal Claims granting the motion by the United States to dismiss or, in the alternative, for summary judgment, and denying Mr. Mann's cross motion for partial summary judgment. The court held that the United States did not breach Mr. Mann's geothermal lease or violate his Fifth Amendment due process rights. Because we conclude that the United States breached the...

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