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ALPINE COUNTY, CAL. v. U.S.

No. 04-5071.

417 F.3d 1366 (2005)

ALPINE COUNTY, CALIFORNIA, Amador County, California, and El Dorado County, California, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 8, 2005.

Attorney(s) appearing for the Case

Alan I. Saltman, Saltman & Stevens, P.C., of Washington, DC, argued for plaintiffs-appellants. With him on the brief was Ruth G. Tiger.

Richard S. Ewing, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director and Kathryn A. Bleecker, Assistant Director. Of counsel was David B. Stinson, Trial Attorney.

Before NEWMAN, CLEVENGER, and DYK, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Alpine County, Amador County and El Dorado County (collectively "the Counties") appeal the decision of the United States Court of Federal Claims, granting the United States' motion to dismiss their claims. Alpine County v. United States, 59 Fed.Cl. 610 (2004). We affirm.

BACKGROUND

In accordance with 16 U.S.C. § 500, twenty-five percent of the payments received by the United States for timber sold from a...

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