GRAPEVINE IMPORTS, LTD. v. USA

Filing 94

ORDER re: 93 MANDATE of CAFC dismissing with prejudice. This court's opinion of July 17, 2007, and the judgment issued thereon, remains in effect. Signed by Judge Francis M. Allegra. (si) Copy to parties.

In The United States Court of Federal Claims
No. 5-296T
(Filed: June 12, 2012)
__________

GRAPEVINE IMPORTS, LTD., A TEXAS
LIMITED PARTNERSHIP, T-TEK, INC. A
TEXAS CORPORATION, AS TAX
MATTERS PARTNER,
Plaintiffs,
v.
THE UNITED STATES,
Defendant.
__________
ORDER
__________

On April 30, 2012, the Supreme Court of the United States vacated the judgment of the
United States Court of Appeals for the Federal Circuit in this case, in light of United States v.
Home Concrete & Supply, LLC, 132 S. Ct. 1836 (2012). The Federal Circuit’s judgment had
reversed a judgment of this court in favor of plaintiff. See Grapevine Imports, Ltd. V. United
States, 636 F.3d 1368 (Fed. Cir. 2011), rev’g, 77 Fed. Cl. 505 (2007). On June 11, 2012, the
Federal Circuit granted defendant’s unopposed motion to dismiss its appeal with prejudice, and
mandated that “[t]he case is remanded to the United States Court of Federal Claims for
disposition consistent with Home Concrete.” While it is somewhat difficult to ascertain what
this court must do procedurally in response to this mandate, the court observes that its opinion of
July 17, 2007, is wholly consistent with the Supreme Court’s holding in Home Concrete.
Accordingly, this court’s opinion of July 17, 2007, and the judgment issued thereon, remains in
effect.
IT IS SO ORDERED.
s/ Francis M. Allegra
Francis M. Allegra
Judge