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BANKS v. U.S.

No. 2012-5067.

741 F.3d 1268 (2014)

John H. BANKS, et al., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 28, 2014.

Attorney(s) appearing for the Case

Eugene J. Frett , Sperling & Slater, P.C., of Chicago, IL, argued for plaintiffs-appellants. Of counsel on the brief were Mark E. Christensen , Christensen & Ehret, LLP, of Chicago, IL, and John Ehret , of Olympia Fields, IL.

Elizabeth Ann Peterson , Attorney, 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.

Brian T. Hodges , Pacific Legal Foundation, of Bellevue, WA, and R.S. Radford , of Sacramento, California, for amicus curiae Pacific Legal Foundation.

Before RADER, Chief Judge, LINN, and WALLACH, Circuit Judges.

WALLACH, Circuit Judge.

These consolidated individual actions were brought by thirty-seven lakefront property owners seeking just compensation under the Fifth Amendment of the United States Constitution for a partial physical taking of their respective properties by the United States Army Corps of Engineers ("Corps"). The United States Court of Federal Claims dismissed the actions as time-barred. Because the Court of Federal Claims violated this court's mandate in...

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