Red River Holdings, LLC v. Raymond E. Mabus, SECRETARY OF THE NAVY

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# United States Court of Appeals for the Federal Circuit 2010-1073

RED RIVER HOLDINGS, LLC,
Appellant,

V.

Raymond E. Mabus, SECRETARY OF THE NAVY,
Appellee.
Appeal from the Armed Services Board of Contract Appeals in no. 56316,
Administrative Judge David W. James, Jr.

ON MOTION

Before MAYER, LOURIE, and BRYSON, Circuit Judges.
BRYSON, Circuit Judge.

## ORDER

Red River Holdings, LLC moves without opposition to transfer this case,
involving a decision of the Armed Services Board of Contract Appeals (ASBCA), to the
United States District Court for the District of Maryland.

There is no dispute that this action arose out of a maritime contract. Thus, this
court clearly lacks jurisdiction over Red River's appeal of the ASBCA decision. Dalton
v. Southwest Marine, Inc., 120 F.3d 1249, 1250, 1252 (Fed. Cir. 1997) (transferring to a
district court an appeal from an ASBCA decision involving a maritime contract). There
is also no dispute that this action could have been brought in the District Court for the
District of Maryland because Red River's principal place of business lies within that

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district. See 28 U.S.C. § 1631 (whenever the "court finds that there is a want of
jurisdiction, the court shall, if it is in the interest of justice, transfer such action or appeal
to any other such court in which the action or appeal could have been brought at the
time it was filed or noticed").

Accordingly,

IT IS ORDERED THAT:

1\) The motion is granted. This case is transferred to the United States District
Court for the District of Maryland pursuant to 28 U.S.C. § 1631.

(2)
Each side shall bear its own costs for this appeal.

FOR THE COURT

MAY 0 3 2010

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc:
Marc J. Fink, Esq.
Harold D. Lester, Jr., Esq.

s19

ISSUED AS A MANDATE:

MAY 0 3 2010

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
MAY 03 2010

JAN HORBALY
CLERK

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