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JBP ACQUISITIONS, LP v. U.S. EX REL. F.D.I.C.

No. 99-11551.

224 F.3d 1260 (2000)

JBP ACQUISITIONS, LP, Plaintiff-Appellant, v. UNITED STATES of America, ex rel. the FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity and as successor to the Resolution Trust Corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 30, 2000.

Attorney(s) appearing for the Case

Catherine Kizer Bell, Everett W. Gee, III, Womble, Carlyle, Sandridge & Rice, PLLC, Atlanta, GA, for Plaintiff-Appellant.

Barbara C. Biddle, Dept. of Justice, Civil Appellate Div., Steve Frank, Washington, DC, for Defendants-Appellees.

Before TJOFLAT, MARCUS and KRAVITCH, Circuit Judges.

MARCUS, Circuit Judge:

Plaintiff JBP Acquisitions, LP ("JBP") appeals the district court's order dismissing its tort claims for lack of subject matter jurisdiction. The court concluded that it did not have jurisdiction because the Plaintiff's tort claims fell within the "misrepresentation" exception to the Government's waiver of sovereign immunity in the Federal Tort Claims Act ("FTCA"). We agree and affirm the district court's ruling.

I.

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