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BIRD & SONS, INC. v. UNITED STATES

No. 190-69.

420 F.2d 1051 (1970)

BIRD & SONS, INC. v. The UNITED STATES.

United States Court of Claims.

January 23, 1970.

Attorney(s) appearing for the Case

Dennis M. Flannery, Washington, D. C., atty. of record, for plaintiff; Max O. Truitt, Jr. and Wilmer, Cutler & Pickering, Washington, D. C., of counsel.

Judith A. Yannello, Washington, D. C., with whom was Asst. Atty. Gen. William D. Ruckelshaus, for defendant.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON and NICHOLS, Judges.

ON DEFENDANT'S MOTION TO DISMISS PETITION

COWEN, Chief Judge.

This case comes before the court on the defendant's motion to dismiss on the grounds that plaintiff's petition states claims sounding primarily in tort, and the court is thus without jurisdiction to grant relief; that, assuming plaintiff's claims are cognizable by this court, the claims were redressable under the contract, and plaintiff failed to exhaust the administrative remedies provided for...

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