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EASTER v. U.S.

No. 2008-5187.

575 F.3d 1332 (2009)

Terry J. EASTER and Michael Eggleston, Plaintiffs, and Steven A. Hudson, Michael S. Morgan, Vanessa R. Spencer, and John A. Winslow, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 5, 2009.

Attorney(s) appearing for the Case

Jules Bernstein, Bernstein & Lipsett, P.C., of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Linda Lipsett; and Edgar James, James & Hoffman, P.C., of Washington, DC.

Shalom Brilliant, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Michael F. Hertz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, Todd M. Hughes, Deputy Director. Of counsel was William P. Rayel, Trial Attorney.

Before MAYER, and BRYSON, Circuit Judges, and SPENCER, Chief District Judge.

BRYSON, Circuit Judge.

The dispute in this case is identical in all material respects to the dispute that was before this court less than three years ago in Adams v. United States, 471 F.3d 1321 (Fed.Cir.2006), and is similar to the dispute that was previously before this court in Bobo v. United States, 136 F.3d 1465 (Fed.Cir.1998). The task in this case is therefore mainly to determine...

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