Jbf Rak LLC v. United States

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
JBF RAK LLC,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee,
AND
MITSUBISHI POLYESTER FILM, INC. AND SKC
INC.,
Defendants.
______________________
2014-1354
______________________
Appeal from the United States Court of International
Trade in No. 11-00141, Senior Judge Judith M. Barzilay.
______________________
ON MOTION
______________________
Before REYNA, BRYSON, and T ARANTO, Circuit Judges.
BRYSON, Circuit Judge.
O R D E R
Case: 14-1354 Document: 23 Page: 1 Filed: 07/25/2014

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JBF RAK LLC v. US 2
The United States moves to summarily affirm. JBF
RAK LLC opposes.
The sole issue raised in JBF’s opening brief is wheth-
er 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 appro-
priate. 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,
I T I S O RDERED T HAT :
(1) The motion is granted. The judgment of the Court
of International Trade is affirmed.
(2) Each party shall bear its own costs.
F OR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s30
Case: 14-1354 Document: 23 Page: 2 Filed: 07/25/2014

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