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KANSAS GAS AND ELEC. CO. v. U.S.

Nos. 2011-5044, 2011-5045.

685 F.3d 1361 (2012)

KANSAS GAS AND ELECTRIC COMPANY, Kansas City Power & Light Company, and Kansas Electric Power Cooperative, Inc., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

July 12, 2012.

Attorney(s) appearing for the Case

Robert L. Shapiro , Hughes Hubbard & Reed LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief was Daniel T. Lloyd .

Christopher J. Carney , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-cross appellant. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, Harold D. Lester, Jr. , Assistant Director, James P. Connor , Jeremiah M. Luongo , and Luke A.E. Pazicky , Trial Attorneys. Of counsel were Andrew V. Averbach and Alan J. Lo Re. Of counsel on the brief was Jane K. Taylor , Office of General Counsel, United States Department of Energy, of Washington, DC.

Opinion dissenting-in-part filed by Circuit Judge LINN.

RADER, Chief Judge.

Kansas Gas and Electric Company ("KG & E"), Kansas City Power & Light Company ("KCPL"), and Kansas Electric Power Cooperative, Inc. ("KEPCO") (collectively "the Kansas Companies") suffered damages due to the Government's partial breach of the Standard Contract for Disposal of Spent Nuclear Fuel And/Or High-Level Radioactive Waste ("Standard Contract"). In June 2010, the United States Court of Federal Claims conducted a nineday trial and...

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