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YANKEE ATOMIC ELEC. CO. v. U.S.

Nos. 2011-5020, 2011-5021, 2011-5022, 2011-5027, 2011-5028, 2011-5029.

679 F.3d 1354 (2012)

YANKEE ATOMIC ELECTRIC COMPANY, Plaintiff-Cross Appellant, v. UNITED STATES, Defendant-Appellant. Maine Yankee Atomic Power Company, Plaintiff-Cross Appellant, v. United States, Defendant-Appellant. Connecticut Yankee Atomic Power Company, Plaintiff-Cross Appellant, v. United States, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

May 18, 2012.

Attorney(s) appearing for the Case

Catherine E. Stetson , Hogan Lovells U.S. LLP, of Washington, DC, argued for plaintiffs-cross appellants. With her on the brief was Dominic F. Perella . Of counsel on the brief was Jerry Stouck , Greenberg Traurig, LLP, of Washington, DC.

Harold D. Lester, Jr. , Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, Marian E. Sullivan , Senior Trial Counsel, Andrew P. Averbach , Senior Trial Counsel, Anthony W. Moses , Seth W. Greene and Scott D. Slater , Trial Attorneys. Of counsel on the brief was Jane K. Taylor , Office of General Counsel, United States Department of Energy, of Washington, DC.

Before RADER, Chief Judge, LOURIE and MOORE, Circuit Judges.

RADER, Chief Judge.

This consolidated appeal is the latest manifestation of the numerous contract disputes arising from the Government's failure to accept and dispose of radioactive waste from the nation's nuclear utilities. Specifically, the appeal flows from this court's decision in Yankee Atomic Electric Co. v. United States, 536 F.3d 1268 (Fed. Cir.2008), which reversed the United States Court of Federal Claims' initial...

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