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FISHER v. U.S.

No. 02-5082.

402 F.3d 1167 (2005)

Frank E. FISHER, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 9, 2005.

Attorney(s) appearing for the Case

J. Byron Holcomb, of Bainbridge Island, Washington, argued for plaintiff-appellant.

Monica J. Palko, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were David M. Cohen, Director, and James M. Kinsella, Assistant Director. Of counsel on the brief was Captain Andrew M. Leblanc, United States Air Force, of Arlington, Virginia. Of counsel was Virginia G. Farrier, Attorney, Commercial Litigation Branch.

Before CLEVENGER, Circuit Judge, PLAGER, Senior Circuit Judge, and DYK, Circuit Judge.

Opinion for the court filed by Senior Circuit Judge PLAGER. Additional views filed by Senior Circuit Judge PLAGER, in which Circuit Judges PAULINE NEWMAN and GAJARSA join.1

PLAGER, Senior Circuit Judge.

This case, brought under the United States Court of Federal Claims' Tucker Act jurisdiction, raises three separate though related issues. First, what must a plaintiff establish regarding the existence of a money-mandating law source...

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