Legal Opinion
City of Santa Clara
United States Court of Claims
Decided September 29, 1977No. 148-77PublishedCited by 15 opinions
1Opinion of the Court
"This case, a suit for damages for breach of contract brought pursuant to the Tucker Act, 28 U.S.C. § 1491, is before the court on defendant’s motion to dismiss or, in the alternative, for a stay, and plaintiffs opposition thereto.
"Defendant contends that this suit should be dismissed, under 28 U.S.C. § 1500,1 or stayed because action is still pending on a previous suit, City of Santa Clara v. Kleppe, 418 F.Supp. 1243 (N.D.Cal. 1976), which was initiated by the plaintiff and is based on the same nucleus of operative facts.
"Plaintiff responds by noting that the remedy sought here, money…
2Cases cited4 opinions
- Tecon Engineers, Inc., a Corporation and Related Cases v. The United StatesUnited States Court of Claims · 1965
- Ppg Industries, Inc. v. Continental Oil CompanyCourt of Appeals for the Fifth Circuit · 1973
- Casman v. United StatesUnited States Court of Claims · 1956
- City of Santa Clara, Cal. v. KleppeDistrict Court, N.D. California · 1976
3Cited by15 opinions
- Johns-Manville Corporation and Johns-Manville Sales Corporation v. The United StatesCourt of Appeals for the Federal Circuit · 1988
- Unr Industries, Inc., Unarco Industries, Inc. And Eagle-Picher Industries, Inc. v. The United States, Keene Corporation v. United StatesCourt of Appeals for the Federal Circuit · 1990
- Hill v. United StatesUnited States Court of Claims · 1985
- Sanders v. United StatesUnited States Court of Federal Claims · 1995
- Bailey v. United StatesUnited States Court of Federal Claims · 2000
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