Tohono, 131 S.Ct. at 1729-30)); see, e.g.,Warren Trust v. United States, 107 Fed.Cl. 533, 554 (2012) (“In Tohono, the Supreme Court unequivocally declared that the ‘Tecon holding is not presented in this case because the [Court of Federal Claims] action here was filed after the District Court suit.’ ” (alteration in original) (quoting 131 S.Ct. at 1729-30)); see also Tohono, 131 S.Ct. at 1735 n. 5 (Sotomayor, J., concurring) (“As the majority notes, ... the validity of the Court of Claims holding in [Tecon ] is not presented in this ease. This Court has never considered that holding.” (alteration in original)). “Therefore, Tohono did not impact Tecon’s order-of-filing rule.” Warren Trust, 107 Fed.Cl. at 554; see also Nez Perce Tribe v. United States, 101 Fed.Cl. 139, 145 (2011) (<HOLDING>). Plaintiffs demonstrated that, at the time
recognizing this rule recognizing rule recognizing general rule holding that the tecon timing rule remains undisturbed holding that unless trial court certifies trial rule 28 determination as final under trial rule 54b it remains interlocutory