Southern Nuclear Operating Co. v. United States

Opinion

NOTE: This order is n01'1precedentia1. United States Court of Appeals for the FederaI Circuit SOUTHERN NUCLEAR OPERATING COMPANY, ALABAMA POWER COMPANY, AND GEORGIA POWER COMPANY, P1arln,tiffs-Appellees, V. UNITED STATES, Defen,dant-Appellant. 2008-5020 Appea1 from the United States C0urt of Fede1'al C1aims in 98-CV-614, Seni0r Judge James F. Mer0w. SOUTHERN NUCLEAR OPERATING COMPANY, ALABAMA POWER COMPANY, AND GEORGIA POWER COMPANY, Plaintiffs-Appellants, V. UNITED STATES, Defenclant-Appellee.

soU'rHERN NUCLEAR v. us 2 2008-5028 Appeal from the United States Court of Federal Claims in 98-CV-614, Senior Judge J ames F. Merow. ON MOTION ORDER Southern Nuclear Operating Company et al. move without opposition to take judicial notice of a United States Court of Federal Claims order in a related case and an excerpt of the United States’ brief in another related case. Southern Nuclear Operating Company et al. also move without opposition to voluntarily dismiss their cross-appeal, 2008-5028. Upon consideration thereof, IT ls OR:oERED THAT: (1) The motion to take judicial notice is granted (2) The motion to dismiss 2008-5028 is granted (3) Each side shall bear its own costs related to 2008- 5028. (4) The revised official caption in 2008-5020 is re- flected above. (5) The appellees' brief is due within 30 days of the date of filing of this order.

3 soo'r1iERN NUCLEAR v. us FOR THE CoURT SEP 1 6 2010 /s/ J an Horbaly Date J an Horbaly Clerk n . . 1 -' iii 13 '°" cc: M. Stanford Blanton, Esq. ` ` "" C'RC'~"T Harold D. Lester, Jr., Esq. wm s20 .lANHORBALY CLERK ISSUED AS A MANDATE (as to 2008-5028 only): ' SEP 1 5 2010