Gregory Lumber Co., Inc., Plaintiff-appellant, v. the United States, Defendant-appellee, 831 F.2d 305 (Fed. Cir. 1987)

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U.S. Court of Appeals for the Federal Circuit - 831 F.2d 305 (Fed. Cir. 1987) Sept. 1, 1987

Before DAVIS, Circuit Judge, BALDWIN, Senior Circuit Judge, and SMITH, Circuit Judge.


Gregory Lumber Company (Gregory) appeals from the grant of summary judgment to the United States by the United States Claims Court in Gregory Lumber Co. v. United States, 11 Cl.Ct. 489 (1986) (Gibson, J.). The Claims Court held that Gregory failed to meet its burden of establishing the existence of genuine issues of material fact as required by Rule 56(e) of the United States Claims Court. On the basis of the Claims Court's opinion, said judgment, dated December 29, 1986, is affirmed.