Southern Ute Indian Tribe, Plaintiff-appellant, v. the United States, Defendant-appellee, 52 F.3d 342 (Fed. Cir. 1994)

Having considered the unopposed motion of Plaintiff-Appellant Southern Ute Indian Tribe to remand this case, without oral argument, to the Court of Federal Claims with directions to vacate the October 5, 1992 Order of the Court of Federal Claims dismissing the Plaintiff-Appellant's complaint for lack of jurisdiction pursuant to 28 U.S.C.A. Sec. 1500 (1994) and to reinstate the Tribe's complaint, the motion is GRANTED.

This case is REMANDED to the Court of Federal Claims. The Order of the Court of Federal Claims filed on October 5, 1992, dismissing the Tribe's complaint shall be VACATED and the complaint shall be REINSTATED.

SO ORDERED.