Legal Opinion
Phipps v. United States
United States Court of Claims
Decided November 2, 1990No. 90-79CPublishedCited by 1 opinion
1Opinion of the Court
OPINION
YOCK, Judge.
In this contract case, the plaintiff is seeking damages from the Government (U.S. Custom Service) for the alleged contractual use and damage on or about February 6, 1988, of a plaintiff-owned vessel, the Lady Margaret II. The case is currently before the Court on the defendant’s motion to dismiss for lack of subject matter jurisdiction.
For the reasons discussed herein, the defendant’s motion to dismiss is denied without prejudice, and the plaintiff’s complaint is to be transferred to the district court.
Facts
The plaintiff’s complaint, in paragraph 3, alleges that the…
2Cases cited9 opinions
- Matson Navigation Co. v. United StatesSupreme Court of the United States · 1932
- Morewood v. EnequistSupreme Court of the United States · 1860
- Natasha, Inc. v. Evita Marine Charters, Inc.Court of Appeals for the First Circuit · 1985
- Southwest Marine of San Francisco, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1990
- Northwest Marine Iron Works v. United StatesUnited States Court of Claims · 1974
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3Cited by1 opinion
- Bayship Management, Inc. v. United StatesUnited States Court of Federal Claims · 1999