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COOLEY v. U.S.

No. 01-5071.

324 F.3d 1297 (2003)

Helen L. COOLEY, William O. Cooley, and The 7C Company, Plaintiffs-Appellees, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: April 1, 2003.

Attorney(s) appearing for the Case

Jerry Stouck, Spriggs & Hollingsworth, of Washington, DC, argued for plaintiffs-appellees. With him on the brief were Rebecca A. Womeldorf and Vivek K. Hatti. Of counsel was Michael R. Miner.

Susan V. Cook, Attorney, Environment & Natural Resources Division, Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief were John Cruden, Acting Assistant Attorney General; Katherine W. Hazard and Ellen J. Durkee, Attorneys. Of counsel on the brief were Martin R. Cohen, Attorney, Office of the Chief Counsel, U.S. Army Corps of Engineers, of Washington, DC; and Steve Adamski, Attorney, Office of General Counsel, U.S. Army Corps of Engineers, of Saint Paul, Minnesota.

David E. Haddock, Pacific Legal Foundation, Sacramento, California, for amicus curiae Pacific Legal Foundation. With him on the brief was M. Reed Hopper.

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

RADER, Circuit Judge.

The United States Court of Federal Claims determined that the Army Corps of Engineers (Corps) took the property of Helen L. Cooley, William O. Cooley, and the 7C Company (collectively, Cooley) by denying a fill permit application under § 404 of the Clean Water Act, 33 U.S.C. § 1344 (1994). Cooley v. United States, 46 Fed. Cl. 538 (2000). Because the Corps' denial of the permit application was a final decision rendering Cooley...

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