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TRANSAMERICA INS. CORP. v. U.S.

No. 92-5044.

973 F.2d 1572 (1992)

TRANSAMERICA INSURANCE CORPORATION, INC., for and on Behalf of STROUP SHEET METAL WORKS, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 4, 1992.

Attorney(s) appearing for the Case

Victoria H. Tobin, Hendrick, Spanos & Phillips, Atlanta, Ga., argued, for plaintiff-appellant. With her on the brief, was David R. Hendrick.

Arnold M. Auerhan, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for defendant-appellee. With him on the brief, were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Martha DeGraff, Asst. Director. Of counsel was Jeanne E. Davidson, Dept. of Justice.

Before LOURIE, Circuit Judge, BENNETT, Senior Circuit Judge, and RADER, Circuit Judge.

BENNETT, Senior Circuit Judge.

DECISION

Transamerica Insurance Corporation appeals from a bench ruling of the United States Claims Court which granted the United States' motion to dismiss Transamerica's complaint for lack of subject matter jurisdiction. The Claims Court found that the contractor's submissions did not constitute a claim under the Contract Disputes Act of 1978 (CDA), 41 U.S.C. § 601, because...

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