Opinion
CIVIL ACTION No. 09-2096-KHV
11-20-2012
FRED E. and NANCY A. EVANS, RANDY W. and DEBRA J. FROEBE, GENEVA GRUBBS, NORMA LOU HALL, SHIRLEY HENDRICKS, DAVID and GAIL HOUSER, PATRICK J. O'BRYAN, TRUSTEE OF THE PATRICK J. O'BRYAN REVOCABLE LIVING TRUST UNDER AGREEMENT DATED 9/7/2001, LESTER ROARK, DONALD LEE ROPER, II, B. LORENE SOPER, For Themselves and As Representatives of a Class of Similarly Situated Persons, Plaintiffs, v. THE UNITED STATES OF AMERICA, Defendant.
MEMORANDUM AND ORDER
On September 17, 2012, the United States Court of Appeals for the Federal Circuit filed its opinion in the appeal of this case. Evans, et al. v. United States, 2010-1303 (Fed. Cir. 9/17/2012). Mandate issued on November 13, 2012. (Doc. #29) The Federal Circuit vacated this Court's judgment and remanded with instructions to dismiss the case without prejudice, nunc pro tunc. Accordingly,
IT IS THEREFORE ORDERED that this case shall be and is DISMISSED without prejudice, effective February 18, 2010.
IT IS SO ORDERED.
Dated this 20th day of November, 2012, at Kansas City, Kansas.
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KATHRYN H. VRATIL
United States District Judge