Baumgold Bros., Inc. v. Allan M. Fox Co.-East

MEMORANDUM OPINION AND ORDER

BATTISTI, Chief Judge.

The United States has moved for reconsideration of the Court’s denial of its motion to dismiss for lack of jurisdiction. Plaintiffs allege that this Court has jurisdiction between them and defendant Allan M. Fox Company — East on the basis of diversity (28 U.S.C. § 1332) and over the United States pursuant to the Tucker Act, 28 U.S.C. § 1346(a) (2). The question before the Court is whether it has jurisdiction to consider suit for breach of contract between private litigants and at the same time enlarge that dispute to encompass a suit against…