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BENDURE v. UNITED STATES

No. 204-75.

554 F.2d 427 (1977)

Philip R. BENDURE et al. v. The UNITED STATES.

United States Court of Claims.

April 20, 1977.

Attorney(s) appearing for the Case

James R. Rosa, Washington, D. C., attorney of record for plaintiff. L. M. Pellerzi, Washington, D. C., of counsel.

Vincent M. Garvey, Washington, D. C., with whom was Asst. Atty. Gen. Rex E. Lee, Washington, D. C., for defendant.

Before COWEN, Senior Judge, and NICHOLS and BENNETT, Judges.

ON DEFENDANT'S MOTION TO DISMISS

COWEN, Senior Judge.

This case is before the court on defendant's motion to dismiss the petition, contending that the court lacks jurisdiction over the subject matter of the suit. Defendant maintains that the plaintiffs' claims have been the subject of collective bargaining negotiation, and that as a matter of law and judicial policy the court may not reconsider subjects which have been so negotiated. We disagree with defendant...

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