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KANEMOTO v. RENO

No. 93-1334.

41 F.3d 641 (1994)

Marion KANEMOTO, Richard Tsutakawa, Robert Tsutakawa, Mildred Fukumoto, Evelyn Akiyama, Irene Nakamoto, Tokiko Shimada, June Oto, Shizuko Shiozuki, Yuko Sugiyama, Mimi Iwatsu, Akiko Miyoski, Louise Tung, Jeane Yonemura, Plaintiffs-Appellees, v. Janet RENO, Attorney General, U.S. Department of Justice, Paul W. Suddes, Acting Administrator, Office of Redress Administration of the Civil Rights Division of the Department of Justice, and Office of Redress Administration, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

December 5, 1994.

Attorney(s) appearing for the Case

Owen James Clements, Morrison & Foerster, San Francisco, CA, argued for plaintiffs-appellees. With him on the brief were James F. McCabe and G. Jiyun Lee. Also on the brief was Gen Fujioka, Asian Law Caucus, Inc., of San Francisco, CA.

Mark W. Pennak, Atty., Dept. of Justice, of Washington, DC, argued for defendants-appellants. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen. and Barbara C. Biddle, Atty. Also on the brief was Frank W. Hunger, Asst. Atty. Gen.

Before ARCHER, Chief Judge, MICHEL and SCHALL, Circuit Judges.

ARCHER, Chief Judge.

The United States appeals the order of the United States District Court for the Northern District of California denying the government's motion to transfer the case to the United States Court of Federal Claims under 28 U.S.C. § 1631. We reverse the order and remand with instructions to transfer the case.

I.

Plaintiffs, Marion Kanemoto, et al., are fourteen United States citizens of Japanese ancestry who were interned with...

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