the Boeing Company (successor To McDonnell Douglas Corporation) v. United States

NOTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
THE BOEING COMPANY (SUCCESSOR TO
MCDONNELL DOUGLAS CORPORATION),
Plaintiff-Appellant,
and
GENERAL DYNAMICS CORPORATION,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.
__________________________
2007-5111, -5131
__________________________
Appeals from the United States Court of Federal
Claims in case No. 91-CV-1204, Senior Judge Robert H.
Hodges, Jr.
__________________________
Before RADER, Chief Judge, PROST and M OORE, Circuit
Judges.
PER C URIAM.
O R D E R
The Supreme Court vacated and remanded this case
to the Federal Circuit in its recent decision in General

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BOEING v. US 2
Dynamics Corp. v. United States, 131 S. Ct. 1900 (2011),
for consideration of the Government’s argument that it
does not have an obligation to share its superior knowl-
edge “with respect to ‘highly classified information,’” or
“when (as was the case here) the agreement specifically
identifies information that must be shared.” Id. at 1909-
10. In addition, on remand, we must determine whether
those issues “can safely be litigated without endangering
state secrets.” Id. at 1910.
On June 30, 2011, the parties submitted a joint mo-
tion for entry of a scheduling order in this case for brief-
ing of the remanded issues. The Government’s
arguments, however, were never squarely addressed by
the Court of Federal Claims in the first instance. In
addition, the Supreme Court’s remand requires factual
determinations most appropriately undertaken by the
trial court.
Upon consideration thereof,
IT IS O RDERED THAT:
(1) The parties’ joint motion for entry of a scheduling
order is denied.
(2) We remand to the Court of Federal Claims for fur-
ther proceedings consistent with the Court’s opinion in
General Dynamics Corp. v. United States.
FOR THE C OURT
July 7, 2011
——————————
Date
/s/ Jan Horbaly
——————————
Jan Horbaly
Clerk

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BOEING v. US 3
cc: Paul M. Smith, Esq.
Charles J. Cooper, Esq.
Bryant G. Snee, Esq.
Marcia G. Madsen, Esq.

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