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OTAY MESA PROPERTY, L.P. v. U.S.

Nos. 2013-5122, 2014-5002.

779 F.3d 1315 (2015)

OTAY MESA PROPERTY, L.P., Rancho Vista Del Mar, Otay International, LLC, OMC Property, LLC, D & D Landholdings, LP, International Industrial Park, Inc., (also known as Rancho De La Fuente), Plaintiffs-Appellants KYDDLP & RDLFGFT No. 1, LLC., Plaintiff v. UNITED STATES, Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

March 6, 2015.

Attorney(s) appearing for the Case

Roger J. Marzulla , Marzulla Law LLC, Washington, DC, argued for plaintiffs-appellants. Also represented by Nancie Gail Marzulla.

John Emad Arbab , Environment and Natural Resources Division, United States Department of Justice, Washington, DC, argued for defendant-cross-appellant. Also represented by Sam Hirsch.

Before TARANTO, SCHALL, and CHEN, Circuit Judges.

DECISION

This is the second time this case has been before us. In Otay Mesa Property, L.P. v. United States, 670 F.3d 1358 (Fed. Cir.2012) ("Otay Mesa I"), we held that the United States was liable to plaintiffs Otay Mesa Property, L.P., Rancho Vista Del Mar, Otay International...

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