Jbf Rak LLC v. United States

• Court: Court of Appeals for the Federal Circuit
• Decided: July 25, 2014
• Docket: 14-1354
• Status: Unpublished

Opinion

Case: 14-1354 Document: 23 Page: 1 Filed: 07/25/2014

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

JBF RAK LLC, Plaintiff-Appellant,

v.

UNITED STATES, Defendant-Appellee,

AND

MITSUBISHI POLYESTER FILM, INC. AND SKC INC., Defendants. ______________________

2014-1354 ______________________

Appeal from the United States Court of International Trade in No. 11-00141, Senior Judge Judith M. Barzilay. ______________________

ON MOTION ______________________ Before REYNA, BRYSON, and TARANTO, Circuit Judges. BRYSON, Circuit Judge. ORDER Case: 14-1354 Document: 23 Page: 2 Filed: 07/25/2014

The United States moves to summarily affirm. JBF RAK LLC opposes. The sole issue raised in JBF’s opening brief is wheth- er this court’s decision in Union Steel v. United States, 713 F.3d 1101 (Fed. Cir. 2013), should be overruled. Because both parties are in apparent agreement that Union Steel controls the outcome of this appeal by a panel of this court, we agree that summary affirmance is appro- priate. See Joshua v. United States, 17 F.3d 378, 380 (Fed. Cir. 1994) (Summary affirmance is appropriate where affirmance “is so clearly correct as a matter of law that no substantial question regarding the outcome of the appeal exists.”). Accordingly, IT IS ORDERED THAT: (1) The motion is granted. The judgment of the Court of International Trade is affirmed. (2) Each party shall bear its own costs.

FOR THE COURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court

s30