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BEER v. U.S.

No. 2010-5012.

671 F.3d 1299 (2012)

Peter H. BEER, Terry J. Hatter, Jr., Richard A. Paez, Laurence H. Silberman, A. Wallace Tashima and U.W. Clemon, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 17, 2012.

Attorney(s) appearing for the Case

Christopher Landau , Kirkland & Ellis, LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were John C. O'Quinn and K. Winn Allen .

Brian M. Simkin , Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for the defendant-appellee. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Michael S. Macko , Trial Attorney.

Jeffrey A. Lamken , MoloLamken LLP, of Washington, DC, for amicus curiae. With him on the brief were Martin V. Totaro and Lucas M. Walker .

Before BRYSON, MAYER, and DYK, Circuit Judges.

ORDER

DYK, Circuit Judge.

This case returns to us on remand from the Supreme Court. The Court ordered us to determine "the question of preclusion." Beer v. United States, ___ U.S. ___, 131 S.Ct. 2865, 2865, 180 L.Ed.2d 909 (2011). We hold that the plaintiffs' claims are not precluded by our prior decision in Williams v. United States, 240 F.3d 1019 (Fed.Cir.2001), cert....

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