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ABC BEVERAGE CORP. v. U.S.

No. 13-1701.

756 F.3d 438 (2014)

ABC BEVERAGE CORPORATION, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 13, 2014.

Attorney(s) appearing for the Case

ARGUED: Gilbert S. Rothenberg , United States Department of Justice, Washington, D.C., for Appellant. Ronald G. DeWaard , Varnum LLP, Grand Rapids, Michigan, for Appellee. ON BRIEF: Gilbert S. Rothenberg , Tamara W. Ashford , Richard Farber , Francesca Ugolini , United States Department of Justice, Washington, D.C., for Appellant. Ronald G. DeWaard , Brion B. Doyle , Varnum LLP, Grand Rapids, Michigan, for Appellee.

Before: NORRIS, COLE, and GIBBONS, Circuit Judges.

OPINION

COLE, Circuit Judge.

At a bottling plant in Hazelwood, Missouri, ABC Beverage Corporation makes and distributes soft drinks and other non-alcoholic beverages for Dr. Pepper Snapple Group Inc. ABC leased the facility at first, but after concluding that its rent under the lease was too high, it exercised an option to buy the property. Appraisals valued the property without the lease at $2.75 million, and ABC determined that the fair market value of...

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