ORDER

Our previous judgment in this case, reported at Franconia Assocs. v. United States, 240 F.3d 1358 (Fed.Cir. 2001), has been reversed by the Supreme Court and the case has been remanded to us for further proceedings. See Franconia Associates v. United States, - U.S. -, 122 S.Ct. 1993, 153 L.Ed.2d 132 (2002).

IT IS ORDERED THAT:

This case is remanded to the Court of Federal Claims for further proceedings consistent with the decision of the Supreme Court.