Seaboard Lumber Co. v. United States

NIES, Circuit Judge.

This appeal is from a certified interlocutory order of the United States Claims Court denying appellants’ motion to dismiss the government’s counterclaims for breach by the contractors of particular government contracts. Our jurisdiction rests on 28 U.S.C. § 1292(d)(2) (1988). Appellants urged dismissal of the government’s counterclaims on the grounds that the appellants have a right to defend against the government’s claims in an Article III court. Appellants also assert a right to a jury trial. The Claims Court rejected these constitutional arguments. See Seaboard Lumber…