A. L. Rowan & Son, General Contractors, Inc. v. Department of Housing and Urban Development

ALVIN B. RUBIN, Circuit Judge:

Because the jurisdiction of United States district courts is limited, and cannot be extended by consent or waiver, because our appellate jurisdiction is derivative, and because plaintiffs choose those courts in preference to other forums, we confront frequently the question whether an asserted claim lies within the jurisdiction of the district court. The problem becomes an enigma when, as here, there are two different claims, the district court is vested with jurisdiction of only one and another federal court is vested with jurisdiction of the other. 1 There are…