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Black Butte Coal Company v. The United States, Defendant/cross-Appellant

Citation: 14 F.3d 612Docket: 93-5149

Court: Court of Appeals for the Federal Circuit; October 25, 1993; Federal Appellate Court

Narrative Opinion Summary

The case involves Black Butte Coal Company as the plaintiff-appellant against the United States as the defendant/cross-appellant, with case numbers 93-5149 and 93-5150. The United States Court of Appeals for the Federal Circuit issued a ruling on October 25, 1993, in response to a joint motion from both parties. The motion requested to vacate the judgment from the Court of Federal Claims dated April 13, 1993, and to remand the case with instructions to dismiss the complaint as moot. The court granted the unopposed motion, resulting in the judgment being vacated and the case remanded. Additionally, the document notes that opinions and orders not designated as citable as precedent should not be used as such, although they can be referenced for issues like claim preclusion or judicial estoppel.

Legal Issues Addressed

Non-Precedential Orders

Application: Opinions and orders not designated as citable as precedent are not to be used as such but may be referenced for issues like claim preclusion or judicial estoppel.

Reasoning: Additionally, the document notes that opinions and orders not designated as citable as precedent should not be used as such, although they can be referenced for issues like claim preclusion or judicial estoppel.

Remand with Instructions

Application: The case was remanded with specific instructions to dismiss the complaint as moot, following the granting of the joint motion.

Reasoning: The court granted the unopposed motion, resulting in the judgment being vacated and the case remanded.

Vacatur of Judgment

Application: The court agreed to vacate the previous judgment from the Court of Federal Claims upon a joint motion from both parties.

Reasoning: The motion requested to vacate the judgment from the Court of Federal Claims dated April 13, 1993, and to remand the case with instructions to dismiss the complaint as moot.