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ALLIED-GENERAL NUCLEAR SERVICES v. U.S.

No. 87-1481.

839 F.2d 1572 (1988)

ALLIED-GENERAL NUCLEAR SERVICES, Allied Chemical Nuclear Products, Inc. and Valley Pines Associates, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 24, 1988.

Attorney(s) appearing for the Case

Brian D. Forrow, Morristown, N.J., argued for plaintiffs-appellants. With him on the brief was Gerald P. Rooney. Also on the brief were H. Roderic Heard and Susan L. Walker, Wildman, Harrold, Allen & Dixon, Chicago, Ill., David L. Ream, Houston, Tex., Bennett Boskey and Edwin E. Huddleson, III, of Volpe, Boskey & Lyons, Washington, D.C., Philip B. Kurland and Alan S. Madans, Rothschild, Barry & Myers, Chicago, Ill.

Terrence S. Hartman, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were Richard K. Willard, Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief was Avrum Fingeret, Dept. of Energy, of counsel.

Before RICH, Circuit Judge, Nichols, Senior Circuit Judge, and SMITH, Circuit Judge.

NICHOLS, Senior Circuit Judge.

Beside a stream in South Carolina stands one of the most remarkable white elephants in our American history, rich as it is in similar constructions. It is a plant which is completely useless but has absorbed, according to its owners, over $200,000,000 in their capital plus unstated amounts in public funds. The owners seek to shift their loss to the United States, making use of the consent granted...

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