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RESOURCE CONSERVATION GROUP, LLC v. U.S.

No. 2009-5091.

597 F.3d 1238 (2010)

RESOURCE CONSERVATION GROUP, LLC, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 1, 2010.

Attorney(s) appearing for the Case

Warren K. Rich, Rich and Henderson, P.C., of Annapolis, MD, argued for plaintiff-appellant. With him on the brief was Anthony G. Gorski.

Christopher A. Bowen, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Kirk T. Manhardt, Assistant Director. Of counsel on the brief was Joshua D. Harvey, United States Department of the Navy, Naval Facilities Engineering Command, of Washington, DC.

Before LOURIE, DYK, Circuit Judges, and KENDALL, District Judge.

DYK, Circuit Judge.

Resource Conservation Group ("RCG") appeals from a final judgment of the United States Court of Federal Claims dismissing RCG's action for lack of subject matter jurisdiction. Res. Conservation Group, LLC v. Dep't of Navy, 86 Fed.Cl. 475, 486 (2009). We affirm in part, reverse in part, and remand.

BACKGROUND

In 1913, the Naval Academy purchased land in Gambrills, Maryland, for the purpose of establishing and operating a...

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