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DUMARCE v. SCARLETT

No. 05-1104.

446 F.3d 1294 (2006)

Harvey DUMARCE, Kenneth Ervin Dumarce, Colleen Renville Dumarce, Pamela Renville, and Dennis L. Dumarce, Sr., Plaintiffs-Appellees, v. P. Lynn SCARLETT, Acting Secretary of the Interior, Department of the Interior, and United States, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

May 4, 2006.

Attorney(s) appearing for the Case

Michael Lawrence Dolan, Oppenheimer Wolff & Donnelly LLP, of Minneapolis, Minnesota, argued for plaintiffs-appellees. With him on the brief were David P. Graham and David A. Prange.

Kathryn E. Kovacs, Attorney, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendants-appellants. With her on the brief were Thomas L. Sansonetti, Assistant Attorney General and Sydney Cook, Attorney. Of counsel were E. Ann Peterson, Attorney; and Cheryl Schrempp Dupris, Attorney, United States Attorneys Office, of Pierre, South Dakota.

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

Opinion for the court filed by Chief Judge MICHEL.

Dissenting opinion filed by Circuit Judge LOURIE.

MICHEL, Chief Judge.

Gale Norton, the Secretary of the Interior, the Department of the Interior, and the United States appeal the United States District Court for the District of South Dakota's grant of summary judgment based, ultimately, on its holding that plaintiff Colleen Renville DuMarce's ("DuMarce") Fifth Amendment takings claim was not time...

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