Riverdale Public School District No. 89 and the City Ofriverdale, Plaintiffs-appellants, v. the United States, Defendant-appellee, 960 F.2d 155 (Fed. Cir. 1992)

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US Court of Appeals for the Federal Circuit - 960 F.2d 155 (Fed. Cir. 1992) March 5, 1992

Before PAULINE NEWMAN, Circuit Judge, SKELTON, Senior Circuit Judge, and ARCHER, Circuit Judge.

SKELTON, Senior Circuit Judge.


Plaintiffs, Riverdale Public School District No. 89 and the City of Riverdale, North Dakota, appeal from a decision of the United States Claims Court granting a cross-motion for summary judgment of the United States, in which the Claims Court held that the government was not liable by contract, statute, or otherwise, for repairs to government-owned school property used by the Riverdale School District, either before or after the government conveyed the property " 'as is' and without warranty, except as to title," to the City of Riverdale. We affirm on the basis of the decision of the Claims Court.

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