United States Court of Appeals for the Federal Circuit

Dec 13, 2021 · provide the TDP as promised, and alleged that Searle’s lawsuit was a “direct, proximate and foreseeable result of the government’s failure to provide the TDP.” J.A. 94. The United States filed another motion to dismiss, and at a hearing on the motion, the Claims Court expressed skepticism that the claim before it had been before the con-

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