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SAGINAW BAY PIPELINE CO. v. U.S.

No. 01-2599.

338 F.3d 600 (2003)

SAGINAW BAY PIPELINE COMPANY, CMS Saginaw Bay Company, Saginaw Bay Lateral Company, and CMS Saginaw Bay Lateral Company, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 30, 2003.

Attorney(s) appearing for the Case

ARGUED: Todd R. Mendel, BARRIS, SOTT, DENN & DRIKER, Detroit, Michigan, for Appellants. (argued and briefed), Barris, Sott, Denn & Driker, Detroit, MI. Thomas P. Marinis, Jr. (briefed), Vinson & Elkins, Houston, TX, for Appellants.

Teresa T. Milton, UNITED STATES DEPARTMENT OF JUSTICE, APPELLATE SECTION TAX DIVISION, Washington, D.C., for Appellee.

ON BRIEF: Todd R. Mendel, BARRIS, SOTT, DENN & DRIKER, Detroit, Michigan, Thomas P. Marinis, Jr., VINSON & ELKINS, Houston, Texas, for Appellants.

Teresa T. Milton, Richard Farber, UNITED STATES DEPARTMENT OF JUSTICE, APPELLATE SECTION TAX DIVISION, Washington, D.C., for Appellee.

Alan I. Horowitz, Tamara W. Ashford, MILLER & CHEVALIER CHARTERED, Washington, D.C., for Amicus Curiae.

Before: KRUPANSKY, SILER, and GILMAN, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

OPINION

KRUPANSKY, Circuit Judge.

The plaintiffs-appellants, Saginaw Bay Pipeline Company, CMS Saginaw Bay Company, Saginaw Bay Lateral Company, and CMS Saginaw Bay Lateral Company (collectively "the plaintiffs," "Saginaw Bay," or "the pipeline companies"),1 have contested the district court's disallowance, following a bench trial, of their claim against the defendant-appellee United...

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