No. 06-1072.

474 F.3d 1334 (2007)

BARRY LEBEAU, Individually and on behalf of all other persons similarly situated, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

January 24, 2007.

Attorney(s) appearing for the Case

Mark V. Meierhenry, Danforth & Meierhenry, LLP, of Sioux Falls, SD, argued for plaintiff-appellee. Of counsel was John M. Grossenburg, Grossenburg Law Office, of Winner, SD.

Elizabeth Ann Peterson, Attorney, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief was Sue Ellen Wooldridge, Assistant Attorney General.

Before LOURIE, SCHALL, and DYK, Circuit Judges.

SCHALL, Circuit Judge.

The United States appeals from the final judgment of the United States District Court for the District of South Dakota in LeBeau v. United States, 334 F.Supp.2d 1200 (D.S.D.2004) ("Barry LeBeau"). The district court granted summary judgment against the United States in favor of plaintiff Barry LeBeau and a class of similarly situated individuals (collectively "the LeBeau plaintiffs" or...

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