Opinion
No. 2006-5143.
January 9, 2008.
Appeal from the United States Court of Federal Claims in 05-CV-1252, Judge Charles F. Lettow.
Before MICHEL, Chief Judge, LOURIE and LINN, Circuit Judges.
ON MOTION
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, 72 Fed.Cl. 56 (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 Mortgage Co. v. Bonner Mall P'ship, 513 U.S. 18, 115 S.Ct. 386, 130 L.Ed.2d 233 (1994).
Accordingly,
IT IS ORDERED THAT:
The motion to remand is granted to the extent set forth above.