United States Court of Appeals For the First Circuit

No. 04-1909 MARINA BAY REALTY TRUST LLC; NEPONSET CIRCLE SKILLED NURSING AND REHABILITATION CENTER II, INC.; GORDON DEVELOPMENT GROUP, INC., Plaintiffs, Appellants, v. UNITED STATES OF AMERICA; U.S. DEPT. OF DEFENSE; U.S. DEPARTMENT OF THE NAVY, Defendants, Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Rya W. Zobel, U.S. District Judge]

Before Lipez, Circuit Judge, Stahl, Senior Circuit Judge, and Oberdorfer, Senior District Judge.*

ERRATA SHEET The opinion of this Court issued on May 3, 2005 is amended as follows: On page 15, footnote 12, line 6, change "that thought" to "that he thought."

*Of the District of Columbia, sitting by designation.