United States Federal Circuit

Dismissal of plaintiffs' Fifth Amendment takings claim arising out of a railroad right-of way that was deemed to have reverted to the government after a rail company abandoned it is reversed and remanded, where 28 U.S.C. section 1500 does not bar their complaint because: 1) once a claim is dismissed or denied, it is no longer "pending" for section 1500 purposes until a motion for reconsideration or notice of appeal is filed; and 2) here, at the time plaintiffs filed the instant case, he had no "suit or process against the United States" pending in any other court because the other case had been dismissed and plaintiffs had not yet filed its appeal.

Appellate Information

• Decided 03/26/2013
• Published 03/26/2013

Judges

• O’MALLEY

Court

• United States Federal Circuit

Counsel