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INNOVAIR AVIATION LIMITED v. U.S.

No. 2010-5025.

632 F.3d 1336 (2011)

INNOVAIR AVIATION LIMITED, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

January 25, 2011.

Attorney(s) appearing for the Case

H. Christopher Bartolomucci , Hogan Lovells US LLP, of Washington, DC, argued for plaintiff-appellee. With him on the brief were Ty Cobb and Joshua D. Hawley .

Sheryl L. Floyd , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief were Tony West , Assistant Attorney Director, Jeanne E. Davidson , Director. Of counsel on the brief was Mark A. Melnick , Assistant Director.

Before GAJARSA, LINN, and PROST, Circuit Judges.

GAJARSA, Circuit Judge.

The issue before this court is whether or not a contract right was extinguished as part of a seizure pursuant to 21 U.S.C. § 881. The United States ("Government") appeals the final decision of the United States Court of Federal Claims ("Court of Federal Claims"), which held that the Government had taken Innovair Aviation Limited's ("Innovair") property without just compensation under the Fifth Amendment. Innovair Aviation, Ltd. v. United...

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