Legal Opinion
Malnak
United States Court of Claims
Decided April 25, 1980No. 429-79CPublishedCited by 3 opinions
1Opinion of the Court
Court of Claims jurisdiction; breach of contract v. tort claim. — On April 25, 1980 the court entered the following order:
Before Davis, Judge, Presiding, Nichols and Kashiwa, Judges.
This case is before us on the government’s motion to dismiss counts three, four, seven, eight, and nine of plaintiffs’ petition pursuant to Court of Claims Rule 52(b)(2). The basis of defendant’s motion is a lack of subject-matter jurisdiction to hear these counts. For reasons asserted below, we agree with defendant as to counts four, seven, eight, and nine and dismiss these, but remand count three for trial.
Plaint…
2Cases cited8 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Perry v. SindermannSupreme Court of the United States · 1972
- Merritt v. United StatesSupreme Court of the United States · 1925
- Somali Development Bank v. United StatesUnited States Court of Claims · 1974
- William Green Construction Co. v. United StatesUnited States Court of Claims · 1973
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hatzlachh Supply Co. v. United StatesUnited States Court of Claims · 1985
- Francis N. Bienville, Dba E & a Construction Company v. The United StatesCourt of Appeals for the Federal Circuit · 1990
- James v. United StatesUnited States Court of Claims · 1983