Opinion
No. 2010-1453.
January 4, 2011.
Appeal from the Armed Services Board of Contract Appeals in no. 56346, Administrative Judge Michael T. Paul.
Before FRIEDMAN, Circuit Judge.
ON MOTION
ORDER
The Secretary of the Army moves to dismiss The Minesen Company's appeal for lack of jurisdiction. The Minesen Company opposes. The Secretary replies.
We deem the better course is to deny the motion without prejudice to the Secretary raising any jurisdictional arguments in his brief.
Upon consideration thereof,
IT IS ORDERED THAT:
The motion is denied without prejudice. The appellant's opening brief is due within 21 days of the date of filing of this order.