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LION RAISINS, INC. v. U.S.

Nos. 04-5027, 04-5037.

416 F.3d 1356 (2005)

LION RAISINS, INC., and Lion Bros., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 22, 2005.

Attorney(s) appearing for the Case

James A. Moody, of Washington, DC, argued for plaintiffs-appellants. Of counsel on the brief was Brian C. Leighton, of Clovis, California.

Cristina C. Ashworth, 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 Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director and Mark A. Melnick, Assistant Director.

Before BRYSON, LINN, and DYK, Circuit Judges.

DYK, Circuit Judge.

This is a consolidated appeal from two decisions of the Court of Federal Claims, Lion Raisins, Inc. v. United States, 58 Fed.Cl. 391 (2003) ("Lion I" or "the reserve pool case"), and Lion Raisins, Inc. v. United States, 57 Fed.Cl. 435 (2003) ("Lion II" or "the bins case"). In both cases, plaintiffs Lion Raisins, Inc. and Lion Brothers allege takings arising from actions undertaken by the Raisin Administrative Committee...

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