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Eraklis Eraklidis D/b/a, Hercules Painting Company v. John H. Dalton, Secretary of the Navy

Citations: 22 F.3d 1103; 1994 U.S. App. LEXIS 27562; 1994 WL 77866Docket: 94-1159

Court: Court of Appeals for the Federal Circuit; March 3, 1994; Federal Appellate Court

Narrative Opinion Summary

The appeal by Eraklis Eraklidis, operating as Hercules Painting Company, against John H. Dalton, Secretary of the Navy, was dismissed by the United States Court of Appeals for the Federal Circuit due to the appellant's failure to pay the required docketing fee as mandated by Federal Circuit Rule 52(a)(1). The dismissal was ordered on March 4, 1994, citing the lack of prosecution in accordance with procedural rules. The document also includes a notice regarding the non-citable nature of certain opinions and orders, clarifying that while such decisions cannot be cited as precedent, they may still influence matters like claim preclusion and judicial estoppel.

Legal Issues Addressed

Dismissal for Failure to Pay Docketing Fee

Application: The appellant's failure to pay the required docketing fee resulted in the dismissal of the appeal as per the procedural rules of the court.

Reasoning: The appeal by Eraklis Eraklidis, operating as Hercules Painting Company, against John H. Dalton, Secretary of the Navy, was dismissed by the United States Court of Appeals for the Federal Circuit due to the appellant's failure to pay the required docketing fee as mandated by Federal Circuit Rule 52(a)(1).

Non-Citable Nature of Certain Opinions and Orders

Application: The court clarified that certain decisions, while not citable as precedent, can still impact legal matters such as claim preclusion and judicial estoppel.

Reasoning: The document also includes a notice regarding the non-citable nature of certain opinions and orders, clarifying that while such decisions cannot be cited as precedent, they may still influence matters like claim preclusion and judicial estoppel.