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CHATTLER v. U.S.

No. 2010-1066.

632 F.3d 1324 (2011)

Julie CHATTLER, Plaintiff-Appellant, v. UNITED STATES and Department of State, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

January 10, 2011.

Attorney(s) appearing for the Case

Walter H. Sargent , Walter H. Sargent, P.C., of Colorado Springs, CO, argued for plaintiff-appellant. On the brief were Robert B. Carey , Hagens Berman Sobol Shapiro LLP of Phoenix, AZ; Shana E. Scarlett , of Berkeley, CA; and Megan E. Waples , The Carey Law Firm, of Colorado Springs, CO.

Michael P. Abate , Trial Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for defendants-appellees. With him on the brief were Tony West , Assistant Attorney General, and Michael S. Raab , Attorney.

Opinion for the court filed by Circuit Judge LINN. Dissenting opinion filed by Circuit Judge NEWMAN.

LINN, Circuit Judge.

Julie Chattler ("Chattler") appeals the grant of judgment on the pleadings by the United States District Court for the Northern District of California in favor of defendants, United States and Department of State (collectively, "government" or "Department"), that no implied contract was formed between the government and Chattler for expedited processing of her passport application in exchange for a $60 expedite fee. Chattler v. United States...

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