Legal Opinion
United States ex rel. S & G Excavating, Inc. v. Seaboard Surety Co.
District Court, S.D. Indiana
Decided March 28, 2000No. TH 97-276-C-T/FPublishedCited by 2 opinions
1Opinion of the Court
ENTRY DISCUSSING MOTION TO. DISMISS
TINDER, District Judge.
This matter comes before the court on the Motion to Dismiss filed by Defendant, United States Postal Service (“USPS”) pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The USPS contends that this court lacks subject mat*970ter jurisdiction over the claim brought against it by Plaintiffs, United States for the use of S & G Excavating, Inc. and S & G Excavating, Inc. (“S & G”), because the Contract Disputes Act (“CDA”), 41 U.S.C. § 609 et seq., provides exclusive jurisdiction in the Court of Federal Claims. The USPS also…
2Cases cited14 opinions
- Brown v. General Services AdministrationSupreme Court of the United States · 1976
- F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
- Lehman v. NakshianSupreme Court of the United States · 1981
- Rmi Titanium Company v. Westinghouse Electric CorporationCourt of Appeals for the Sixth Circuit · 1996
- Franchise Tax Board v. United States Postal ServiceSupreme Court of the United States · 1984
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3Cited by2 opinions
- United States for the Use and Benefit of S&g Excavating, Inc. v. The Seaboard Surety CompanyCourt of Appeals for the Seventh Circuit · 2001
- US S & G Excavating v. Seaboard Surety CoCourt of Appeals for the Seventh Circuit · 2001