Free Order on Motion to Publish - District Court of Federal Claims - federal

Case 1:98-cv-00126-JFM

Document 852

Filed 08/09/2004

Page 1 of 1

In the United States Court of Federal Claims
No. 98-126C (Filed August 9, 2004) ******************************* * YANKEE ATOMIC ELECTRIC COMPANY, * Plaintiff, * * v. * * * THE UNITED STATES, Defendant. * ******************************* ORDER 1/ By motion filed, July 8, 2004, plaintiff sought publication of the Order, filed June 28, 2004, denying Defendant's Motion in Limine to Exclude Evidence of Future Damages in the instant litigation. This order was not drafted with a view toward its publication, as it relies on counsel's prior knowledge as to the nature of this litigation. However, in general, this knowledge can be obtained from a reading of cases cited in the order such as: Indiana Michigan Power Co. v. United States, 60 Fed. Cl. 639 (2004); Tennessee Valley Auth. v. United States, 60 Fed. Cl. 665 (2004); Commonwealth Edison v. United States, 56 Fed. Cl. 652 (2003). It is noted that Westlaw has, in fact, published the Order in question at 2004 WL 1535687. The Order is a public document and there are no restrictions on its citation. Accordingly, in these circumstances, it is ORDERED that plaintiff's motion to publish shall be DENIED, without prejudice, as the issue has become essentially MOOT.

s/ James F. Merow

James F. Merow Senior Judge

This should also be deemed applicable in Connecticut Yankee v. United States, No. 98-154 C and Maine Yankee v. United States, No. 98-474 C.

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