          NOTE: This order is nonprecedential.

  United States Court of Appeals
      for the Federal Circuit
               __________________________

   PETER H. BEER, TERRY J. HATTER, JR.,
    THOMAS F. HOGAN, RICHARD A. PAEZ,
JAMES ROBERTSON, LAURENCE H. SILBERMAN,
  A. WALLACE TASHIMA AND U. W. CLEMON,
             Plaintiffs-Appellants,
                            v.
                   UNITED STATES,
                   Defendant-Appellee.
               __________________________

                       2010-5012
               __________________________

    Appeal from the United States Court of Federal
Claims in case no. 09-CV-037, Senior Judge Robert H.
Hodges, Jr.
              __________________________

    Before BRYSON, MAYER, and DYK, Circuit Judges.
                       ORDER
       The Supreme Court has remanded this case to this
court “for consideration of the question of preclusion
raised by the Acting Solicitor General in his brief for the
United States filed July 26, 2010.” Beer v. United States,
No. 09-1395 (June 28, 2011). In light of the Supreme
Court’s remand order, we invite the parties to submit
BEER   v. US                                            2


briefs addressing the preclusion issue identified by the
Supreme Court in its order, including a discussion of the
Supreme Court’s recent decision in Wal-Mart Stores, Inc.
v. Dukes, No. 10-277 (June 20, 2011). The briefs shall be
filed simultaneously, within 60 days of the date of this
order, and shall be no more than 30 pages in length.
    Each party shall file an original and 11 copies of the
supplemental briefs with the court, and serve two copies
on opposing counsel.

                                  FOR THE COURT


   July 12, 2011                  /s/Jan Horbaly
 ——————————                       ——————————
       Date                       Clerk


cc: Christopher Landau, Esq.
    Brian M. Simkin, Esq.
