United States of America, for the Use and Benefit of P.J. Keating Company v. Warren Corporation, National Grange Mutual Insurance Company, Third-Party

COFFIN, Circuit Judge.

Appellant National Grange Mutual Insurance Company (“National Grange”) appeals a decision of the district court granting summary judgment in favor of the United States of America (“Government”). We find that the district court lacked jurisdiction to consider appellant’s claim. Accordingly, we vacate the decision of the district court and remand to that court with instructions to dismiss the complaint.

I. Factual Setting.

The events culminating in the instant appeal began in September, 1982, when Warren Corporation (“Warren”) contracted with the United States Army (“Army”)…