HYMAS v. U.S.

No. 2014-5150.

810 F.3d 1312 (2016)

Jay HYMAS, d/b/a Dosmen Farms, Plaintiff-Appellee v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

January 14, 2016.


Attorney(s) appearing for the Case

James P. Schaefer , Pro Bono Law, Palo Alto, CA, argued for plaintiff-appellee.

Douglas Glenn Edelschick , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellant. Also represented by Benjamin C. Mizer , Robert E. Kirschman, Jr. , Deborah A. Bynum ; Sherry Kinland Kaswell , Edward T. Keable , Hilary C. Tompkins , James L. Weiner , Office of the Solicitor, United States Department of the Interior, Washington, DC.

Opinion for the court filed by Circuit Judge WALLACH. Dissenting opinion filed by Circuit Judge STOLL.


Appellant United States ("Government") appeals the decision of the United States Court of Federal Claims ("Claims Court") finding that it possessed subject matter jurisdiction under the Tucker Act, 28 U.S.C. § 1491(b)(1) (2012), to resolve the instant action filed by Jay Hymas, doing business as Dosmen Farms. Hymas...

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