Peoples Apparel, Ltd.

Defendant United States has moved to dismiss the petition, and third party defendant City of Council Bluffs has moved for judgment on the pleadings. Both the United States and the City of Council Bluffs (the City) argue that this entire action should be definitively dismissed by us on jurisdictional grounds. Although we agree that the claims asserted by plaintiff are not within the jurisdiction of this court, we return this action to the district court where it was originally filed, rather than dismissing it entirely, and we therefore deny the motion to dismiss the matter outright.

This case…