Andalex Resources, Inc. v. United States

OPINION

HODGES, Judge.

The opinion that follows was issued on July 23, 2002, then withheld because the Federal Circuit’s opinion in United States Shoe Corporation, was distributed the same day. See United States Shoe Corp. v. United States, *564296 F.3d 1378 (Fed.Cir.2002). We issued an Order on July 25 advising the parties of the opinion granting defendant’s motion for summary judgment, and asked how they wished to proceed in light of the U.S. Shoe decision.1

We held a hearing on August 29 to discuss the effect of the Federal Circuit’s opinion on this case, and the parties briefed the issue…