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SCOTT TIMBER CO. v. U.S.

No. 02-5142.

333 F.3d 1358 (2003)

SCOTT TIMBER COMPANY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 26, 2003.

Attorney(s) appearing for the Case

Alan I. Saltman, Saltman & Stevens, P.C., of Washington, DC, argued for plaintiff-appellant. With him on the brief were Ruth G. Tiger and Richard W. Goeken.

John S. Groat, 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; Kathryn A. Bleecker, Assistant Director; Laurie Ristino, Office of General Counsel, Department of Agriculture, of Washington, DC; and Susan V. Cook, Senior Attorney, Environmental and Natural Resources Division, Department of Justice, of Washington, DC.

Before RADER, BRYSON, and GAJARSA, Circuit Judges.

RADER, Circuit Judge.

On summary judgment, the United States Court of Federal Claims determined that the United States Forest Service did not breach Scott Timber Company's timber sales contracts. See Scott Timber Co. v. United States, 40 Fed. Cl. 492 (1998) (Scott I); Scott Timber Co. v. United States, 44 Fed.Cl. 170 (1999) (Scott II); Scott Timber Co. v. United States, Nos. 94-784C, 96-204C, slip op. at 49 (Fed. Cl. filed July 11...

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