BEER V US, No. 10-5012 (Fed. Cir. 2011)

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This opinion or order relates to an opinion or order originally issued on January 15, 2010.

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NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit __________________________ PETER H. BEER, TERRY J. HATTER, JR., THOMAS F. HOGAN, RICHARD A. PAEZ, JAMES ROBERTSON, LAURENCE H. SILBERMAN, A. WALLACE TASHIMA AND U. W. CLEMON, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee. __________________________ 2010-5012 __________________________ Appeal from the United States Court of Federal Claims in case no. 09-CV-037, Senior Judge Robert H. Hodges, Jr. __________________________ ORDER Upon consideration of the order of the Supreme Court of the United States in Peter H. Beer, et al., v. United States, 131 S.Ct. 2865 (2011), vacating this court s judgment and remanding to this court for further consideration, IT IS ORDERED THAT: BEER v. US 2 The mandate of this court issued on March 30, 2010 is recalled, the appeal is reinstated, and this court s January 15, 2010 judgment is vacated. FOR THE COURT August 4 , 2011 Date cc: Christopher Landau, Esq. Brian M. Simkin, Esq. /s/ Jan Horbaly Jan Horbaly Clerk

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