NOTE: This order is nonprecedential United States Court of Appeals for the FederaI Circuit THE MINESEN COMPANY, Appellant, V. JOHN MCHUGH, SECRETARY OF THE ARMY, Appellee.

2010-1453 Appea1 from the Armed Services Board of C0ntract Appeals in no. 56346, Administrative Judge Michae1 T.

Paul.

ON MOTION Before FRIEDMAN, C'ircuit Judge.

0 R D E R The Secretary of the Army moves to dismiss The Mine- sen C0mpany’s appeal for lack of jurisdiction The Mine- sen Company opposes The Secretary replies We deem the better course is to deny the motion with- out prejudice to the Secretary raising any jurisdictional arguments in his brief MlNESEN co v. ARMY 2 Upon consideration thereof lT lS ORDERED THAT2 The motion is denied without prejudice The appel- lant's opening brief is due within 21 days of the date of filing of this order.

FoR THE CoURT /s/ Jan Horbaly Dat;e J an Horbaly Clerk cc: Tho1nas A. Lemn1er, Esq.

James R. Sweet, Esq.

F .

319 u.s. count l)|FEAsl?PEALs ron THE FEosruL cannon JAN 04 2011 .lAN l~BJs'!BALY CI.ERK