PODLUCKY v. US , No. 23-1043 (Fed. Cir. 2022)
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Case: 23-1043 Document: 12 Page: 1 Filed: 12/09/2022 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ GREGORY JOSEPH PODLUCKY, KARLA SUE PODLUCKY, Plaintiffs-Appellants v. UNITED STATES, Defendant-Appellee ______________________ 2023-1043 ______________________ Appeal from the United States Court of Federal Claims in No. 1:22-cv-00300-RTH, Judge Ryan T. Holte. ______________________ ON MOTION ______________________ PER CURIAM. ORDER The United States moves for summary affirmance of the United States Court of Federal Claims’ judgment that dismissed the action. Gregory Joseph Podlucky and Karla Sue Podlucky submit a document to “hereby withdraw the Appeal at this Court’s Case No. 23-1043,” ECF No. 11 at 1, which the court construes as a motion to voluntarily dismiss their appeal. Case: 23-1043 Document: 12 Page: 2 2 Filed: 12/09/2022 PODLUCKY v. US Upon consideration thereof, IT IS ORDERED THAT: (1) The appellants’ motion to voluntarily dismiss is granted, and the appeal is dismissed. (2) All other pending motions are denied as moot. (3) Each side shall bear its own costs. FOR THE COURT December 9, 2022 Date /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court ISSUED AS A MANDATE: December 9, 2022
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