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HARDIE v. U.S.

Nos. 04-5026, 04-5035.

367 F.3d 1288 (2004)

George G. HARDIE, Kard King, Inc., and Park Place Associates, Ltd., Plaintiffs-Appellees, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

DECIDED: May 10, 2004.

Attorney(s) appearing for the Case

Christopher H. Buckley, Jr., Gibson, Dunn & Crutcher LLP, of Washington, DC, argued for plaintiffs-appellees. With him on the brief were Daniel W. Nelson and Thomas H. Dupree, Jr.

Franklin E. White, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Peter D. Keisler, Assistant Attorney General; and David M. Cohen, Director. Of counsel was Lucille C. Roberts, United States Marshals Office, United States Department of Justice, of Washington, DC.

Before MAYER, Chief Judge, LOURIE and LINN, Circuit Judges.

MAYER, Chief Judge.

The United States appeals the order of the United States Court of Federal Claims denying its motion to enjoin an arbitration proceeding addressing the contract claims of plaintiffs-appellees George G. Hardie, Kard King, Inc., and Park Place Associates, Ltd. (collectively, "PPA"), the same claims now before the Court of Federal Claims. Hardie v. United States, No. 99-890C (Fed.Cl. Nov. 14, 2003) [Hardie III]. Because we lack jurisdiction...

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