WYODAK RESOURCES DEVELOPMENT CORP. v. U.S.

No. 2013-5049.

737 F.3d 760 (2013)

WYODAK RESOURCES DEVELOPMENT CORP., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 13, 2013.


Attorney(s) appearing for the Case

Walter F. Eggers, III , Holland & Hart, LLP, of Cheyenne, Wyoming, argued for plaintiff-appellant. With him on the brief was ANDREW A. IRVINE , of Jackson, Wyoming.

A. Bondurant Eley , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendantappellee. With her on the brief were Stuart F. Delery , Acting Assistant Attorney General, and Jeanne E. Davidson , Director.

Before LOURIE, BRYSON, and O'MALLEY, Circuit Judges.


BRYSON, Circuit Judge.

This is a pure statutory construction case. The proper construction of the statute, as applied to this case, is not obvious, as evidenced by the fact that the Court of Federal Claims and a district court have both construed the statute differently than we do. In the end, however, we conclude that the language and purpose of the statute are best served by adopting the construction proposed by the appellant.

I

The statute at...

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