MEYER v. UNITED STATES

No. 108-56.

150 F.Supp. 314 (1957)

Evelyn S. MEYER, as Trustee, v. The UNITED STATES.

United States Court of Claims.

April 3, 1957.


Attorney(s) appearing for the Case

Don H. Reuben, Chicago, Ill., for plaintiff. Perry S. Patterson, Herbert J. Miller, Jr., Washington, D. C., and Kirkland, Fleming, Green, Martin & Ellis, Chicago, Ill., were on the brief.

Thomas L. McKevitt, Washington, D. C., with whom was Asst. Atty. Gen. Perry W. Morton, for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.


LARAMORE, Judge.

This is an action brought by plaintiff, for damages resulting from an alleged breach of a lease. Defendant has filed a motion to dismiss the petition on the ground that pursuant to 28 U.S.C. § 1500 this court is without jurisdiction because the claim upon which plaintiff sues here is pending in a condemnation proceeding in the U. S. District Court for the Northern District of Illinois, Eastern Division.

The allegations in the petition...

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