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TRINCO INV. CO. v. U.S.

No. 2012-5139.

722 F.3d 1375 (2013)

TRINCO INVESTMENT COMPANY, and Kathleen G. Rose, trustee of the V & M Rose-Marital Trust, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 18, 2013.

Attorney(s) appearing for the Case

Matthew J. Dowd , Wiley Rein, LLP, of Washington, DC argued for plaintiffs-appellants. Of counsel on the brief was Wesley Higbie , Higbie Law Office, of San Mateo, CA.

Nina C. Robertson , Attorney, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief was Ignacia S. Moreno , Assistant Attorney General.

Before RADER, Chief Judge, and MOORE, Circuit Judge, and BENSON, District Judge.

BENSON, District Judge.

TrinCo Investment Company and Kathleen G. Rose (collectively "TrinCo") appeal the decision of the United States Court of Federal Claims ("CFC") granting the Government's Motion To Dismiss. The CFC found that TrinCo failed to plead facts sufficient to support a takings claim against the Government following the destruction of 1,782 acres of TrinCo's merchantable timber as a result of a United States Forest Service fire management effort.

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