James M. Ellett Construction Company, Inc., Plaintiff-appellant, v. the United States, Defendant-appellee, 98 F.3d 1356 (Fed. Cir. 1996)

James M. Ellett Construction Company, Inc. appeals the judgment of the United States Court of Federal Claims, No. 94-1052 C (July 31, 1995), dismissing its suit challenging a contracting officer's deemed denial of its purported claim for lack of subject matter jurisdiction. At oral argument, Ellett's counsel agreed that if we vacated or reversed the Court of Federal Claims' dismissal of Ellett's prior suit challenging a contracting officer's final decision for lack of jurisdiction in James M. Ellett Construction Company, Inc. v. United States, No. 90-641 C (July 29, 1994), which involved the substantively identical claim, its appeal would be moot. Consequently, because we have now reversed the dismissal of that suit, James M. Ellett Construction Company, Inc. v. United States, No. 94-5161 (Fed. Cir. Aug. 26, 1996), and remanded for further proceedings, we vacate the judgment in No. 94-1052 C and remand with directions to dismiss Ellett's suit as moot. See United States v. Munsingwear, Inc., 340 U.S. 36, 39 (1950).