Opinion
2014-1354
07-25-2014
JBF RAK LLC, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, AND MITSUBISHI POLYESTER FILM, INC. AND SKC INC., Defendants.
NOTE: This order is nonprecedential.
Appeal from the United States Court of International Trade in No. 11-00141, Senior Judge Judith M. Barzilay.
ON MOTION
Before REYNA, BRYSON, and TARANTO, Circuit Judges. BRYSON, Circuit Judge.
ORDER
The United States moves to summarily affirm. JBF RAK LLC opposes.
The sole issue raised in JBF's opening brief is whether this court's decision in Union Steel v. United States, 713 F.3d 1101 (Fed. Cir. 2013), should be overruled. Because both parties are in apparent agreement that Union Steel controls the outcome of this appeal by a panel of this court, we agree that summary affirmance is appropriate. See Joshua v. United States, 17 F.3d 378, 380 (Fed. Cir. 1994) (Summary affirmance is appropriate where affirmance "is so clearly correct as a matter of law that no substantial question regarding the outcome of the appeal exists.").
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted. The judgment of the Court of International Trade is affirmed.
(2) Each party shall bear its own costs.
FOR THE COURT
__________
Daniel E. O'Toole
Clerk of Court
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