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Hunt Building Co. v. United States

Citations: 115 Fed. Appx. 90; 115 F. App'x 90; 2004 U.S. App. LEXIS 26379; 2004 WL 2852363Docket: No. 04-5147

Court: Court of Appeals for the Federal Circuit; November 18, 2004; Federal Appellate Court

Narrative Opinion Summary

Actus Lend Lease, LLC successfully moved to remand the case to the United States Court of Federal Claims, with no opposition to the motion. The United States also sought expedited consideration of Actus' remand motion, which was declared moot following the granting of the remand. The Court of Federal Claims previously indicated that granting the remand would lead to approval of a joint motion for relief from judgment under Fed. R. Civ. P. 60(b) to facilitate a settlement between the parties. The order concluded with the revised official caption and specified that each party would bear its own costs.

Legal Issues Addressed

Allocation of Costs

Application: The order specified that each party would bear its own costs.

Reasoning: The order concluded with the revised official caption and specified that each party would bear its own costs.

Mootness of Expedited Consideration

Application: The request for expedited consideration became moot after the remand was granted.

Reasoning: The United States also sought expedited consideration of Actus' remand motion, which was declared moot following the granting of the remand.

Relief from Judgment under Federal Rule of Civil Procedure 60(b)

Application: The remand was anticipated to lead to approval of a joint motion for relief from judgment to facilitate settlement.

Reasoning: The Court of Federal Claims previously indicated that granting the remand would lead to approval of a joint motion for relief from judgment under Fed. R. Civ. P. 60(b) to facilitate a settlement between the parties.

Remand to Court of Federal Claims

Application: The case was successfully remanded to the United States Court of Federal Claims without any opposition to the motion.

Reasoning: Actus Lend Lease, LLC successfully moved to remand the case to the United States Court of Federal Claims, with no opposition to the motion.