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BRANDT v. U.S.

No. 2012-5050.

710 F.3d 1369 (2013)

Marvin M. BRANDT and Marvin M. Brandt Revocable Trust, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 26, 2013.

Attorney(s) appearing for the Case

Steven J. Lechner , Mountain States Legal Foundation, of Lakewood, Colorado, argued for plaintiffs-appellants.

Brian C. Toth , Attorney, Environmental & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief was Ignacia S. Moreno , Assistant Attorney General.

Opinion for the court filed by Circuit Judge O'MALLEY. Concurring opinion filed by Circuit Judge PROST.

O'MALLEY, Circuit Judge.

Marvin M. Brandt and Marvin M. Brandt Revocable Trust (collectively, "Brandt" or "plaintiffs") appeal from the final decision of the United States Court of Federal Claims dismissing their takings claim for lack of jurisdiction under 28 U.S.C. § 1500. Brandt v. United States, 102 Fed.Cl. 72 (2011). Because we find that § 1500 does not bar Brandt's complaint, we reverse and remand the case to the Court of Federal Claims for...

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