Billy F. Price, Robert H. Hoffmann, Heidemarie Kruger, Susanhustadt, and Estate of Henriette Hoffmann Vonschirach, Dr. Klaus Von Schirach,executor, Plaintiffs/cross-appellants, v. the United States, Defendant-appellant, 9 F.3d 978 (Fed. Cir. 1993)

ORDER

The United States moves to suspend the proceedings in the Federal Circuit pending a decision by the United States Court of Appeals for the Fifth Circuit on the duplicative appeal and cross-appeal filed in that circuit. The motion is unopposed.

The United States states that it believes that jurisdiction properly lies in the Fifth Circuit. It acknowledges that, should the Fifth Circuit disagree, the Fifth Circuit may transfer the appeals to this court. In view thereof, we deem the better course to dismiss these appeals.^* 

Accordingly,

IT IS ORDERED THAT:

(1) The appeals are dismissed without prejudice.

(2) The pending motions filed in this case are moot.