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TEXAS HEALTH CHOICE v. OFFICE OF PERSONNEL

No. 04-1400.

400 F.3d 895 (2005)

TEXAS HEALTH CHOICE, L.C., Plaintiff-Appellee, v. OFFICE OF PERSONNEL MANAGEMENT, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 3, 2005.

Attorney(s) appearing for the Case

Michael S. Nadel, McDermott Will & Emery LLP, of Washington, DC, argued for plaintiff-appellee.

Jane W. Vanneman, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief were Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director.

Before MICHEL, Chief Judge, MAYER and LINN, Circuit Judges.

MICHEL, Chief Judge.

The Office of Personnel Management ("OPM") appeals the United States District Court for the Eastern District of Texas's denial of its motion to dismiss for lack of subject matter jurisdiction and its separate motion to transfer venue to the United States Court of Federal Claims. Tex. Health Choice, L.C. v. Office of Pers. Mgmt., No. 90:03cv14 (E.D.Tex. Mar. 9, 2004) ("March Order"). The appeal was submitted after oral argument on...

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