Free Relief from Judgment - Rule 60 - District Court of Federal Claims - federal

Case 1:05-cv-01252-CFL

Document 27-2

Filed 01/30/2008

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The Travelers Indemni _ty Company v. United States, No. 05-1252C

ATTACHMENTS TO DEFENDANT'S UNOPPOSED MOTION FOR RELIEF FROM JUDGMENT

Case 1:05-cv-01252-CFL

Document 27-2

Filed 01/30/2008

Page 2 of 4

Case 1:05-cv-01252-CFL

Document 27-2

Filed 01/30/2008

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NOTE: This order is nonprecedential.

United States Court of Appea~s for the Federa~ Circuit

2006-5143 THE TRAVELERS INDEMNITY COMPANY, successor in interest by merger to Gulf Insurance Company, Plaintiff-Appellee,

UNITED STATES,

Defendant-Appellant. Appeal from the United States Court of Federal Claims in 05-CV-1252, Judge Charles F. Lettow. ,.-~ ~ ON MOTION Before MICHEL, Chief Judge, LOURIE and LINN, Circuit Judqes. LOURIE, Circuit Judge. ORDER The United States submits a status report and moves to remand this case to the United States Court of Federal Claims with instructions for the trial court to vacate its judgment in Travelers Indemnity Co. v. United States, No. 05-1252 (July 27, 2006), and. dismiss the complaint. The United States indicates that The Travelers Indemnity Company consents. The court agrees that it is appropriate to remand.. However, to the extent that the parties seek vacatur of the trial court's judgment, they should seek that relief from the trial court. See U.S. Bancorp Mort.qa.qe Co. v. Bonner Mall P'ship, 513 U.S. 18 (1994).

Attachment 2

[ ~'(q- O~--

Case 1:05-cv-01252-CFL

Document 27-2

Filed 01/30/2008

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Accordingly, IT IS ORDERED THAT: The motion to remand is granted to the extent set forth above. FOR THE COURT

Alan D. Lourie Circuit Judge
CO: .

U.$..COURT OF APPEALS FOR THE FEDERAL CIRCUIT

RobErt G. Barbour, Es,q../,'~ Kirk T. Manhardt, Esq.[i" "

JAN - 9 2OO8

~HO~L~
CLEB~

s17 ISSUED AS A MANDATE:

JAN °9 2008

2006-5143

2