Free Order - District Court of Federal Claims - federal

Case 1:93-cv-00531-LAS

Document 216

Filed 04/13/2007

Page 1 of 1

In the United States Court of Federal Claims
************************** AMBASE CORPORATION AND CARTERET BANCORP, INC. Plaintiffs, and FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Intervenor, * * * * * * * * * * * * * * * * * * *

Case No. 93-531C Senior Judge Smith Filed: April 13, 2007

v. THE UNITED STATES, Defendant. **************************

AMENDED ORDER The Court AMENDS its Order dated December 13, 2006. The Order shall include the following bolded text: Pursuant to the telephone conference held on December 12, 2006, the Court hereby DENIES Defendant's and Plaintiff-Intervenor's Motion for Certification. The Court must deny Certification because the argument for nonjusticiability is fact dependent and it would not lead to the efficient administration of justice to certify this issue in the abstract. The Court further finds that after reviewing the parties arguments the case is justiciable at this time. It is so ORDERED. s/Loren A. Smith LOREN A. SMITH, SENIOR JUDGE