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ESTATE OF HAGE v. U.S.

Nos. 2011-5001, 2011-5013.

687 F.3d 1281 (2012)

The ESTATE OF E. Wayne HAGE and The Estate of Jean N. Hage, Plaintiffs-Cross Appellants, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

July 26, 2012.

Attorney(s) appearing for the Case

Lyman D. Bedford, Clausen Law Group, of Pt. Richmond, CA, argued for plaintiffs-cross appellants. With him on the brief was Michael J. Van Zandt, Hanson Bridget LLP, of San Francisco, CA.

Elizabeth Ann Peterson, Environment and Natural Resources Division, Appellate Section, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief was Ignacia S. Moreno, Assistant Attorney General.

Joseph Feller, Natural Resources Law Clinic, University of Colorado, of Boulder, CO, for amicus curiae, State of Nevada, Department of Wildlife, et al.

Brian T. Hodges, Pacific Legal Foundation, of Bellevue, WA, for amicus curiae Pacific Legal Foundation. With him on the brief was James S. Burling, of Sacramento, CA.

Before LOURIE, LINN, and MOORE, Circuit Judges.

MOORE, Circuit Judge.

E. Wayne Hage and Jean Hage brought an action against the United States, seeking compensation for a Fifth Amendment taking of private property, breach of contract, and range improvements pursuant to 43 U.S.C. § 1752(g). The Court of Federal Claims (Claims Court) awarded compensation for the taking of water rights plus interest from the date of the taking. The Claims Court also awarded compensation for range improvements, but did not award...

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