United States Federal Circuit

In an action brought by importers of computer parts, contending that their imported goods were unconstitutionally taken and held for four years by the government via seizure upon importation, a dismissal for failure to state a claim is affirmed where, although the Court of Federal Claims has jurisdiction to enter an award of damages for a Takings violation, the court correctly held that plaintiffs' allegations did not give rise to a takings claim under the governing authorities.

Appellate Information

• Decided 08/08/2006
• Published 08/08/2006

Judges

• BRYSON, Circuit Judge., Before BRYSON, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Mattaniah Eytan, of Corte Madera, California, argued for plaintiffs-appellants., Brian F. Burke, Baker & McKenzie LLP, of Washington, DC, for amicus curiae.   With him on the brief was Kristine E. Pirnia.   Of counsel on the brief were Nancie G. Marzulla and Roger J. Marzulla, Defenders of Property Rights, of Washington, DC.


• For Appellees:
  
• Marla T. Conneely, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  and Mark A. Melnick, Assistant Director.   Of counsel was Marta Whearley, Office of Assistant Chief, U.S. Bureau of Customs and Border Protection, of San Francisco, California.