In Re Violation of Rule 38

ORDER

Underwood Livestock, Inc. (“Underwood”) appealed from a decision of the Court of Federal Claims (“Claims Court”) granting the government’s motion for summary judgment that Underwood cannot establish a property interest in a destroyed tire dam structure because of issue preclusion. The relevant facts of this case and the court’s decision on the merits are detailed in this court’s opinion affirming the decision of the Claims Court. Underwood Livestock, Inc. v. United States, 417 Fed.Appx. 934 (Fed.Cir.2011). This court previously found Underwood’s appeal to be both frivolous as filed and…