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BANKS v. U.S.

Nos. 2016-2305, 2016-2326.

JOHN H. BANKS, MARY BANKS, ELIZABETH S. ERRANT TRUST, EUGENE J. FRETT, INDIVIDUALLY AND AS TRUSTEE OF THE VICTOR J. HORVATH AND FRANCES B. HORVATH TRUST DATED NOVEMBER 1995, CHERIE R. OKONSKI, CRAIG D. OKONSKI, ANDREW G. BODNAR, CHRISTINE M. ZAHL-BODNAR, EHRET MICHIGAN TRUST, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Cross-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: December 29, 2017.

Attorney(s) appearing for the Case

MARK ENGLUND CHRISTENSEN , Christensen and Ehret, LLP, Chicago, IL, argued for plaintiffs-appellants. Also represented by JOHN BRODERICK EHRET , Olympia Fields, IL; EUGENE J. FRETT , Sperling & Slater, P.C., Chicago, IL.

JOHN LUTHER SMELTZER , Environment and Natural Resources Division, United States Department of Justice, Washington, DC, argued for defendant-cross-appellant. Also represented by JEFFREY H. WOOD , ELIZABETH ANN PETERSON ; TERRY M. PETRIE , Denver, CO.

Before REYNA, WALLACH, and STOLL,

This disposition is nonprecedential.

This case returns to us for the third time. It arises from the alleged physical taking by the U.S. Army Corps of Engineers ("Corps") of certain parts of shoreline on Lake Michigan owned by thirty-seven property owners (collectively, "Banks" or "Appellants"). See Banks v. United...

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