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WDC WEST CARTHAGE ASSOCIATES v. U.S.

No. 02-5147.

324 F.3d 1359 (2003)

WDC WEST CARTHAGE ASSOCIATES, WDC Carthage Associates, WDC Gouverneur Associates, and WDC Lowville Associates, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 7, 2003.

Attorney(s) appearing for the Case

Fernando Santiago, Davidson, Fink, Cook, Kelly & Galbraith, LLP, of Rochester, NY, argued for plaintiffs-appellants. With him on the brief was Thomas A. Fink.

John N. Kane, Jr., 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; and Donald E. Kinner, Assistant Director. Of counsel was David M. Cohen, Director. Of counsel on the brief was James E. Mercer, Assistant District Counsel, U.S. Army Corps of Engineers.

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

PROST, Circuit Judge.

WDC West Carthage Associates, WDC Carthage Associates, WDC Gouverneur Associates, and WDC Lowville Associates (collectively "Carthage Associates") appeal from the decision of the United States Court of Federal Claims denying their motion and granting the government's cross-motion for summary judgment on contract interpretation. WDC W. Carthage Assocs. v. United States, No. 00-622C, (Fed.Cl. May 30, 2002). Because we conclude that the plain...

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