Beer v. United States

180 L. Ed. 2d 909, 131 S. Ct. 2865, 564 U.S. 1050, 2011 U.S. LEXIS 4993

Opinions

C. A. Fed. Cir. Certiorari granted, judgment vacated, and case remanded for consideration of tho queotion of preclusion raised by the Acting Solicitor General in his brief for the United States filed July 26, 2010. The Court considers it important that there be a decision on the question, rather than that an answer be deemed unnecessary in light of prior precedent on the merits. Further proceedings after decision of the preclusion question are for the Court of Appeals to determine in the first instance.

Justice Breyer would grant the petition for writ of certiorari and set the case for argument.