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TAYLOR v. U.S.

2019-1901.

959 F.3d 1081 (2020)

Buddy TAYLOR, Donna Taylor, Plaintiffs-Appellants v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: May 15, 2020.

Attorney(s) appearing for the Case

A. Blair Dunn , Western Agriculture, Resource and Business Advocates, LLP, Albuquerque, NM, argued for plaintiffs-appellants. Also argued by Marshall Ray , Law Offices of Marshall J. Ray, LLC, Albuquerque, NM.

Nathanael Yale , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Joseph H. Hunt , Robert Edward Kirschman, Jr. , Loren Misha Preheim ; Michael Casillo , Air Force Legal Operations Agency, Joint Base Andrews, MD.

Before Prost, Chief Judge, O'Malley and Taranto, Circuit Judges.

Buddy and Donna Taylor allege that, after they purchased land near a United States Air Force base in New Mexico, the Air Force began flying training missions low over the land. Several years later, the Taylors entered into an agreement with Wind Energy Prototypes, LLC, giving the company an exclusive option to obtain an easement...

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