5012 Anaheim Gardens, B-Lassociates, Cedar Gardens Associates, C-Wassociates, Denise… v. United States

Corrected: 4/17/06
United States Court of Appeals for the Federal Circuit
01-5011, -5012
ANAHEIM GARDENS, B-L ASSOCIATES, CEDAR GARDENS ASSOCIATES,
C-W ASSOCIATES, DENISE A. KELLENBECK (doing business as VICTORIAN ARMS
APARTMENTS), EARL W. KELLENBECK, FLORIN MEADOWS I, LTD., FLORIN
MEADOWS II, LTD., FRANCES T. WARD, GLENVIEW GARDENS LIMITED
PARTNERSHIP, HILLVIEW TOWNHOUSES LIMITED, HILLVIEW TOWNHOUSES
LIMITED NO. 1, INDIAN HEAD MANOR LIMITED PARTNERSHIP I, J.D.V. WARD,
JAMES W.Y. WONG, JEWEL LAKE VILLA II, JOSEPH BIAFORA and STEFI
BIAFORA, METRO WEST LIMITED, MILLWOOD ASSOCIATES LIMITED
PARTNERSHIP, NAPA PARK APARTMENTS LIMITED PARTNERSHIP, NORMAN M.
KRONICK and LOUIS DULIEN (doing business as HALAWA VIEW APARTMENTS),
ONTARIO TOWNHOUSES LIMITED PARTNERSHIP, PETER H.Y. HSI and
PRISCILLA L.F. HSI (doing business as GENERAL PARTNERS OF WAIPAHU
TOWER), ROCK CREEK TERRACE LIMITED PARTNERSHIP, SIERRA VISTA ONE,
SILVERLAKE VILLAGE, THE PALOMAR APARTMENTS, THETFORD PROPERTIES
III, LIMITED PARTNERSHIP, THETFORD PROPERTIES IV, LIMITED PARTNERSHIP,
WASHINGTON PLAZA PARTNERS, LTD., 185-225 PARKHILL CORP.,
620 SU CASA POR CORTEZ, 825 SAN TOMAS APARTMENTS,
3740 SILVERLAKE VILLAGE, and 5324 FOOTHILL APARTMENTS,
Plaintiffs-Appellants,
v.
UNITED STATES,
Defendant-Appellee.
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ALGONQUIN HEIGHTS ASSOCIATES, L.P., BRANDY HILL COMPANY, BROOKSIDE
MANOR ASSOCIATES LIMITED PARTNERSHIP, BUCKMAN GARDENS LIMITED

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PARTNERSHIP, CHAUNCY HOUSE COMPANY, CROMWELL COURT COMPANY,
COUNTRY TOWNE APARTMENTS PARTNERSHIP, DOLLY ANN APARTMENTS
LIMITED PARTNERSHIP, EMORY GROVE LIMITED PARTNERSHIP, FIRST
LANDMARK ASSOCIATES LIMITED PARTNERSHIP, FOREST GLEN LIMITED
DIVIDEND HOUSING ASSOCIATION, FORT HEATH ASSOCIATES, GARRISON
FOREST ASSOCIATES, GLENARDEN LIMITED PARTNERSHIP, JODANI
ASSOCIATES, L.P., KIMBERLY ASSOCIATES, KING’S GRANT COMPANY, LEADER
HOUSE ASSOCIATES AND LEADER HOUSING CO., INC.,
NEW AMSTERDAM ASSOCIATES AND NEW AMSTERDAM HOUSES, INC., PINE
CREST COMPANY, RIVERSIDE VILLAGE COMPANY, SUBURBIA ASSOCIATES
LIMITED PARTNERSHIP, SUEHAR ASSOCIATES, L.P., TOWER WEST
ASSOCIATES, L.P. AND TOWER WEST, INC., and TOWN & COUNTRY
APARTMENTS AND TOWNHOUSES,
Plaintiffs-Appellants,
v.
UNITED STATES,
Defendant-Appellee.
Harry J. Kelly, Nixon Peabody LLP, of Washington, DC, argued for plaintiffs-
appellants. Of counsel was Charles L. Edson.
David Harrington, Trial Attorney, Commercial Litigation Branch, Civil Division,
United States Department of Justice, of Washington, DC, argued for defendant-
appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General,
David M. Cohen, Director, and Brian M. Simkin, Assistant Director.
Appealed from: United States Court of Federal Claims
Judge Robert H. Hodges, Jr.

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