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JAN'S HELICOPTER SERVICE, INC. v. F.A.A.

Nos. 2007-1410, 2007-1411.

525 F.3d 1299 (2008)

JAN'S HELICOPTER SERVICE, INC., Plaintiff-Appellant, v. FEDERAL AVIATION ADMINISTRATION, Defendant-Appellee. Americopters, LLC, Plaintiff-Appellant, v. Federal Aviation Administration, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 14, 2008.

Attorney(s) appearing for the Case

David P. Ledger, Carlsmith Ball LLP, of Hagatna, Guam, argued for plaintiff-appellant in Appeal Nos. 2007-1410 and 2007-1411. With him on the briefs was Elyze J. McDonald.

Kyle E. Chadwick, Senior Trial Counsel, Commerical Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee in Appeal Nos. 2007-1410 and 2007-1411. With him on the briefs was Jeanne E. Davidson, Director.

Opinion for the court filed by Circuit Judge DYK. Circuit Judge PROST dissents in part.

DYK, Circuit Judge.

Appellants Jan's Helicopter Service, Inc. ("Jan's") and Americopters, LLC ("Americopters"), appeal from decisions of the District Court of Guam transferring their claims against appellee Federal Aviation Administration ("FAA") to the United States Court of Federal Claims under 28 U.S.C. § 1631 (2000). Appellants are seeking money damages against the United States in excess of $10,000 for alleged regulatory takings. Therefore under the Tucker...

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