Cyrus R. Ware v. United States

HATCHETT, Circuit Judge:

Appellant, Cyrus R. Ware, appeals a district court order dismissing his $331,607.89 claim against the United States. Ware brought his claim under the Federal Tort Claims Act (hereinafter F.T.C.A.), 28 U.S.C. §§ 1346(b), 2674, 1 and under the Tucker Act, 28 U.S.C. §§ 1346(a)(2), 1491, 2 as an alternate, pendent claim. We find that Ware’s F.T.C.A. claim is not barred by the misrepresentation exception in the F.T.C.A. or the statute of limitations. We also find that the district court does not have pendent jurisdiction over Ware’s Tucker Act claim. We, therefore, affirm…