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INDEPENDENCE PARK APARTMENTS v. U.S.

Nos. 05-5034, 05-5035.

465 F.3d 1308 (2006)

INDEPENDENCE PARK APARTMENTS, Pico Plaza Apartments, St. Andrews Gardens, and Sherman Park Apartments, Plaintiffs-Cross-Appellants, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 15, 2006.

Attorney(s) appearing for the Case

Richard P. Bress, Latham & Watkins, of Washington, DC, argued for plaintiffs-cross appellants. With him on the brief were Everett C. Johnson, Jr., Leonard A. Zax, Matthew K. Roskoski; and Susan S. Azad, of Los Angeles, California.

Mark R. Freeman, Attorney, Appellate Staff, 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 Mark B. Stern, Attorney.

Before MICHEL, Chief Judge, NEWMAN, and BRYSON, Circuit Judges.

ON PETITION FOR REHEARING

BRYSON, Circuit Judge.

This case involves a takings claim by low-income housing providers who were barred by statute from prepaying their mortgages and leaving the federal low-income housing program. In our initial opinion, we set forth a method for the trial court to value the taking as applied to two of the plaintiffs (St. Andrews Gardens and Sherman Park Apartments) that had entered "use agreements" with the government before...

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