Ellamae Phillips Co. v. United States

ON PETITION FOR PERMISSION TO APPEAL

RADER, Circuit Judge.

ORDER

The United States petitions for permission to appeal the order certified by the United States Court of Federal Claims in Ellamae Phillips Co. v. United States, 77 Fed.Cl. 387 (2007), as one involving a controlling question of law as to which there is substantial ground for difference of opinion and for which an immediate appeal may materially advance the ultimate termination of the litigation. See 28 U.S.C. § 1292(d)(2). Ellamae Phillips Co. (Ellamae) opposes.

Ellamae filed a complaint in the trial court, asserting that the…