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ARKANSAS GAME & FISH COM'N v. U.S.

Nos. 2009-5121, 2010-5029.

736 F.3d 1364 (2013)

ARKANSAS GAME & FISH COMMISSION, Plaintiff-Cross-Appellant, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

December 3, 2013.

Attorney(s) appearing for the Case

James F. Goodhart , Arkansas Game & Fish Commission, of Little Rock, AR, argued for plaintiff-cross appellant. With him on the brief were John P. Marks , Of counsel on the brief were Julie D. Greathouse , Matthew N. Miller , and Kimberly D. Logue , Perkins & Trotter, PLLC, of Little Rock, AR.

Robert J. Lundman , Attorney, Environment & Natural Resources Division, United States Department of Justice of Washington, DC, argued for defendant-appellant. With him on the brief was Ignacia S. Moreno , Assistant Attorney General.

Brian T. Hodges , Pacific Legal Foundation, of Bellevue, WA, and R.S. RADFORD, of Sacramento, CA, for amici curiae.

Before NEWMAN, BRYSON, and DYK, Circuit Judges.

BRYSON, Circuit Judge.

This case is before us on remand from the Supreme Court. We previously held that plaintiff Arkansas Game and Fish Commission failed to establish that increased flooding of its property during the period 1993-2000 constituted a taking that is compensable under the Fifth Amendment to the Constitution. Ark. Game & Fish Comm'n v. United States, 637 F.3d 1366 (Fed.Cir.2011). The Supreme Court reversed...

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