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In re Messerschmidt

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT


Decided: July 16, 1992.

IN RE EUGENE D. MESSERSCHMIDT, PETITIONER

Before Nies, Chief Judge, Plager, and Clevenger, Circuit Judges.

Clevenger

ON PETITION FOR WRIT OF MANDAMUS

CLEVENGER, Circuit Judge.

Order

Eugene D. Messerschmidt petitions for a writ of mandamus to direct the Claims Court to (1) order an amicus curiae brief be filed regarding the constitutionality of a certain statute, (2) require that all written communications have a legible postmark date, (3) issue a default judgment against the United States, and (4) order the United States to pay Messerschmidt $344 million in royalties.*fn*

It appears from the documents submitted that Messerschmidt's motion for summary judgment and the United States' cross-motion for summary judgment are pending in the Claims Court. In essence, Messerschmidt's writ here addresses the merits of his pending Claims Court case and the pending motions. All of these matters may and should be addressed in the briefs filed on appeal, if any, after a final judgment is entered. They are not properly reviewed at this stage by way of mandamus. Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271 (1988).

Accordingly,

Messerschmidt's petition for a writ of mandamus is denied.

FOR THE COURT

Raymond C. Clevenger, III, Circuit Judge

JUL 16 1992

Date

Disposition

Messerschmidt's petition for a writ of mandamus is denied.


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