Union Pacific Railroad Company v. U.S. Army Corps of Engineers, No. 11-7016 (10th Cir. 2011)
Annotate this CaseIn a prior appeal in this case, the Tenth Circuit reversed the district court’s judgment in favor of Union Pacific Railroad Company. The Court remanded to the district court with instructions to dismiss Union Pacific’s breach-of-contract claim without prejudice for lack of jurisdiction. On remand, Union Pacific filed a motion seeking transfer of the claim to the Court of Federal Claims. The district court denied the motion and this appeal followed. On remand, the Tenth Circuit's mandate did not give the district court any discretion, but instead gave a specific instruction to dismiss. "Instead of asking the district court to transfer the case after remand, Union Pacific should have filed a timely motion [with the Tenth Circuit] to recall the mandate." The Court held that Union Pacific's request in its reply brief was not the proper way to seek to recall the mandate. The Court concluded that Union Pacific failed to show good cause of its delay in seeking such relief, and accordingly, the Court denied Union Pacific's request. "The district court acted in accordance with our mandate in denying Union Pacific's transfer motion." The Court affirmed the district court's decision.
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