Coggeshall Development Corporation and Coggeshall Marina,incorporated, Plaintiffs-appellants, v. the United States, Defendant-appellee, 33 F.3d 64 (Fed. Cir. 1994)
Annotate this CaseBefore RADER, Circuit Judge.
ON MOTION
ORDER
RADER, Circuit Judge.
Coggeshall Development Corporation et al. (Coggeshall) move to remand this case to the United States Court of Federal Claims. We treat the submission as a motion for voluntary dismissal. Coggeshall states that the United States does not oppose.
Coggeshall sued the United States for breach of contract and the United States filed a counterclaim. On September 3, 1993, the Court of Federal Claims issued its decision concerning Coggeshall's claim. On November 1, 1993, Coggeshall appealed. However, Coggeshall and the United States agree that the Court of Federal Claims bifurcated the case for trial and has not decided the United States' counterclaim. Hence, Coggeshall's appeal is premature and its appeal must be dismissed.
Accordingly,
IT IS ORDERED THAT:
(1) Coggeshall's motion for voluntary dismissal is granted.
(2) Each side shall bear its own costs.
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