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SHELL OIL CO. v. U.S.

2017-1695.

896 F.3d 1299 (2018)

SHELL OIL COMPANY, Atlantic Richfield Company, Texaco, Inc., Union Oil Company of California, Plaintiffs-Appellees v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: July 18, 2018.

Attorney(s) appearing for the Case

MICHAEL W. KIRK , Cooper & Kirk, PLLC, Washington, DC, argued for plaintiffs-appellees. Also represented by JOSE JOEL ALICEA , VINCENT J. COLATRIANO , WILLIAM C. MARRA .

FRANKLIN E. WHITE, JR , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellant. Also represented by CHAD A. READLER , ROBERT E. KIRSCHMAN, JR. , STEPHEN CARL TOSINI .

CHRISTOPHER MARRARO , Baker & Hostetler LLP, Washington, DC, for amicus curiae American Fuel & Petrochemical Manufacturers. Also represented by RICHARD BRYAN RAILE .

DANIEL MAX STEINWAY , Baker Botts, LLP, Washington, DC, for amicus curiae Exxon Mobile Corporation. Also represented by MICHAEL PATRICK McGOVERN .

Before Prost, Chief Judge, Wallach and Chen, Circuit Judges.

This case returns to us for a third time. Following two remands on liability determinations, see Shell Oil Co. v. United States (Shell II), 751 F.3d 1282, 1285-90 (Fed. Cir. 2014); Shell Oil Co. v. United States (Shell I), 672 F.3d 1283

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