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United States Federal Circuit


Nebraska Pub. Power Dist. v. US, 07-5083

In an action for a breach of contract against the United States over a dispute involving the interaction between a provision of the Nuclear Waste Policy Act (NWPA) and a government contract with a utility company that operates a nuclear power facility, an order of the Court of Federal Claims finding that the prior D.C. Circuit's rulings were void (because it lacked jurisdiction in the previous statutory review proceedings) and therefore not entitled to res judicata effect is reversed and remanded as the D.C. Circuit had jurisdiction to review the Department of Energy's (DOE) compliance with the NWPA and the mandamus order issued by the D.C. Circuit in that proceeding is not void.

Appellate Information

  • Decided 01/12/2010
  • Published 01/12/2010

Judges

Court

  • United States Federal Circuit

Counsel

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