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BREITBECK v. UNITED STATES

No. 285-73.

500 F.2d 556 (1974)

Homer A. BREITBECK et al. v. The UNITED STATES.

United States Court of Claims.

July 19, 1974.

Attorney(s) appearing for the Case

Peter J. Hart, for plaintiffs; Edward L. Merrigan, Washington, D. C., attorney of record. Smathers, Merrigan & Herlong, Washington D. C., of counsel.

Steven J. Bercik, Elizabeth N. J., with whom was Asst. Atty. Gen., Carla A. Hills, for defendant.

Before LARAMORE, Senior Judge, and DAVIS and KASHIWA, Judges.

ON DEFENDANT'S MOTION TO DISMISS THE PETITION

DAVIS, Judge:

This is another case presenting the question of whether the United States may be sued in this court on a claim arising out of the activities of a governmental entity which can be sued in its own name in another forum. See Butz Eng'r Corp. v. United States, 499 F.2d 619, 204 Ct.Cl. ___, (June 1974) (United States Postal Service); Porter v. United States, 469...

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