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ESTES EXP. LINES v. U.S.

No. 2013-5056.

739 F.3d 689 (2014)

ESTES EXPRESS LINES, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 3, 2014.

Attorney(s) appearing for the Case

Robert D. Moseley, Jr. , Smith Moore Leatherwood, LLP, of Greenville, South Carolina, argued for plaintiff-appellant.

Daniel B. Volk , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.

With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Martin F. Hockey, Jr. , Assistant Director.

Before PROST, REYNA, and TARANTO, Circuit Judges.

REYNA, Circuit Judge.

Estes Express Lines ("Estes") appeals from a final order of the Court of Federal Claims ("Claims Court") dismissing Estes's complaint for lack of subject matter jurisdiction. Estes Express Lines v. United States, 108 Fed.Cl. 416 (2013). For the reasons below, we reverse and remand for further proceedings.

BACKGROUND

Estes, a federal motor carrier, seeks to recover from the Government freight charges incurred...

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