Turner Construction Co., Inc. v. United States

# NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit

TURNER CONSTRUCTION CO., INC.,
Plaintiff-Appellee,
v.
UNITED STATES,
Defendant,
and
MCCARTHY/HUNT, JV,
Defendant,
and
B.L. HARBERT-BRASFIELD & GORRIE, JV,
Defendant-Appellant.

2010-5146

Appeal from the United States Court of Federal Claims
in case no. 10-CV-195, Senior Judge Bohdan A. Futey.

TURNER CONSTRUCTION CO., INC.,
Plaintiff-Appellee,
V.
UNITED STATES,
Defendant-Appellant,

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and
MCCARTHY/HUNT, JV,
Defendant,
and
B.L. HARBERT-BRASFIELD & GORRIE, JV,
Defendant-Appellant.

2010-5158

Appeal from the United States Court of Federal Claims
in case no. 10-CV-195, Senior Judge Bohdan A. Futey.

## ON MOTION

## ORDER

Turner Construction Co., Inc. moves without opposition
to modify the trial court's protective order to bring Brian G.
Walsh within its terms. The United States moves to reform
the caption.

We treat the United States' motion as a motion to dis-
miss its appeal. The United States also indicates that it
does not intend to participate as an appellee in this appeal.
Because the United States was a party in the trial court, we
keep it in the caption in this appeal but identify it only as a
defendant in the caption. Fed. R. App. P. 12(a).

Accordingly,

IT IS ORDERED THAT:

(1) The motions are granted. The revised official cap-
tion is reflected above.

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(2) Appeal 2010-5158 is dismissed. All parties shall
bear their own costs related to 2010-5158.

FOR THE COURT

JAN 2 1 2011

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Laurence Schor, Esq.
Scott M. McCaleb, Esq.
Anuj Vohra, Esq.

s8

ISSUED AS A MANDATE (as to 2010-5158 only): JAN 2 1 2011

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
JAN 2 1 2011

JAN HORBALY
CLERK