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U.S. v. D.L. KAUFMAN, INC.

No. 98-1461.

175 F.3d 970 (1999)

UNITED STATES, Plaintiff-Appellant, v. D.L. KAUFMAN, INC. and Daniel L. Kaufman, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

April 19, 1999.

Attorney(s) appearing for the Case

Salomon Gomez, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for plaintiff-appellant. With him on the brief were David M. Cohen, Director, and Sharon Y. Eubanks, Deputy Director. Of counsel on the brief was Frank D. Kortum, Assistant United States Attorney, of Los Angeles, California.

David P. Hendel, Wickwire Gavin, P.C., of Vienna, Virginia, argued for defendants-appellees. With him on the brief were Stephen B. Hurlbut and Brian P. Waagner.

Before MAYER, Chief Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

This is a government appeal from a district court order transferring a case to the Court of Federal Claims. We have jurisdiction to review such an interlocutory order only if it was based upon 28 U.S.C. § 1631. The latter section requires, as a condition for transfer, that the court "finds that there is a want of jurisdiction." Since the record does not clearly show whether either of these conditions was met, we partially remand...

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