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BIAFORA v. U.S.

Nos. 2013-5130, 2013-5134, 2013-5136, 2013-5139, 2013-5142, 2013-5144.

773 F.3d 1326 (2014)

Joseph R. BIAFORA and Stefi Biafora, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee. Dolly Ann Limited Partnership, Mid-City Financial Corporation, Eugene F. Ford, John Walsh, Irene Walsh, Hilda Zeldon, John J. McAvoy, Saul Ritzenberg, Joseph Marilley, Julius Sankin, Clark Enterprises, Inc., Jane Deblois Hannan, Estate of, Isadore Rodis Credit Shelter Trust, Jane Parish Revocable Trust, and Delia Lang, Plaintiffs-Appellants, v. United States, Defendant-Appellee. Thetford Properties IV, L.P., Plaintiff-Appellant, v. United States, Defendant-Appellee. Carriage House of Muskegon Associates, LP, Plaintiff-Appellant, v. United States, Defendant-Appellee. Carriage House South Associates, LP, Plaintiff-Appellant, v. United States, Defendant-Appellee. Thetford Properties III, L.P., Plaintiff-Appellant, v. United States, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 10, 2014.

Attorney(s) appearing for the Case

Harry J. Kelly , Nixon Peabody, LLP, of Washington, DC, argued for plaintiffs-appellants.

David A. Harrington , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Stuart F. Delery , Assistant Attorney General, Robert E. Kirschman, Jr. , Director, Franklin E. White, Jr. , Assistant Director, Elizabeth A. Speck and Kenneth D. Woodrow , Trial Attorney.

Before NEWMAN, MOORE, and O'MALLEY, Circuit Judges.

Appellants, owners of properties with mortgages insured by the United States Department of Housing and Urban Development (HUD), appeal from judgments of the United States Court of Federal Claims dismissing their various takings claims. For the reasons below, we affirm-in-part, reverse-in-part, and remand to the...

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