Professional Documents
Culture Documents
v.
UNITED STATES,
Defendant-Appellee
______________________
the Claims Court did not reach that issue and we cannot
decide it in the first instance on appeal, we reject the gov-
ernment’s proposed alternative ground for affirmance
based on Dr. Wade’s use of ex post data.
CONCLUSION
For the foregoing reasons, we affirm the Claims Court’s
grant of summary judgment with respect to Su Casa. With
respect to the remaining FWPs, we vacate the Claims
Court’s grant of summary judgment and remand for fur-
ther proceedings.
AFFIRMED-IN-PART, VACATED-IN-PART, AND
REMANDED