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CITY LINE JOINT VENTURE v. U.S.

No. 2006-5102.

503 F.3d 1319 (2007)

CITY LINE JOINT VENTURE, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 27, 2007.

Attorney(s) appearing for the Case

Gerson B. Kramer, of Silver Spring, MD, argued for plaintiff-appellant.

Kenneth M. Dintzer, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. On the brief were Peter D. Keisler, Assistant Attorney General, Brian M. Simkin, Assistant Director, and Sean M. Dunn, Trial Attorney.

Before RADER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and MOORE, Circuit Judge.

MOORE, Circuit Judge.

City Line Joint Venture (City Line) appeals from a grant of summary judgment to the government on City Line's breach of contract claim and a separate judgment that no regulatory taking resulted from the government's action. We conclude that the Court of Federal Claims' grant of summary judgment to the government on the breach of contract claim was improper because its reliance on the sovereign acts doctrine as a basis for excusing the government...

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