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SKIP KIRCHDORFER, INC. v. U.S.

No. 93-5004.

6 F.3d 1573 (1993)

SKIP KIRCHDORFER, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 12, 1993.

Attorney(s) appearing for the Case

Laurence J. Zielke, Pedley, Ross, Zielke & Gordinier, Louisville, KY, argued for plaintiff-appellant. With him on the brief was William H. Mooney.

Mark D. Rubino, Trial Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for defendant-appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Also on the brief was Stephanie Cates-Harman, Dept. of the Navy, of counsel.

Before MAYER, LOURIE, and RADER, Circuit Judges.

RADER, Circuit Judge.

The United States Court of Federal Claims determined that Skip Kirchdorfer, Inc. (SKI) did not show that the United States Navy took private property for public purposes without just compensation. Skip Kirchdorfer, Inc. v. United States, 26 Cl.Ct. 666 (1992). Because the trial court's findings show a Fifth Amendment taking, this court reverses-in-part and remands.

BACKGROUND

The Navy awarded a contract for the construction...

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