United States, Appellant/cross-Appellee v. John C. Grimberg Co., Inc. And W.M. Schlosser Co., Inc., Appellees/cross-Appellants

BENNETT, Circuit Judge,

with whom BALDWIN, KASHIWA, and JACK R. MILLER, Circuit Judges, join, dissenting.

I respectfully dissent from the majority’s holding that the United States Claims *1387Court loses equitable jurisdiction under 28 U.S.C. § 1491 (Supp. V 1981), amended by the Federal Courts Improvement Act of 1982, Pub.L. No. 97-164, § 133(a), 96 Stat. 25, 40, if a petition or motion is not filed before the award of the contract. Since I believe that the Claims Court had jurisdiction of the “claims” (actions or lawsuits) before it,11 do not reach the transfer issue. I join Judge Kashiwa’s…