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SCOTT TIMBER CO. v. U.S.

No. 2011-5092.

692 F.3d 1365 (2012)

SCOTT TIMBER COMPANY, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 5, 2012.

Attorney(s) appearing for the Case

Alan I. Saltman , Smith, Currie & Hancock LLP of Washington, DC, argued for plaintiff-appellee. With him on the brief was Ruth G. Tiger. Of counsel on the brief was James J. White , of Ann Arbor, MI.

Ellen M. Lynch , Trial Attorney, 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 General, Jeanne E. Davidson , Director, and Bryant G. Snee , Deputy Director.

Opinion for the court filed by Circuit Judge DYK. Dissenting opinion filed by Circuit Judge WALLACH.

DYK, Circuit Judge.

The United States appeals from a judgment of the Court of Federal Claims ("Claims Court") finding that the government breached three timber-harvesting contracts and awarding damages to Scott Timber Company ("Scott"). See Scott Timber Co. v. United States ("Damages Decision"), 97 Fed.Cl. 685 (2011); Scott Timber Co. v. United States ("Liability Decision"), 86 Fed.Cl. 102 (2009). We reverse.

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