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1776 K ST. ASSOC. v. UNITED STATES

No. 531-78.

602 F.2d 354 (1979)

1776 K STREET ASSOCIATES, the Metropolitan Club of the City of Washington, D. F. Antonelli, Jr., Washington Medical Center, Inc., et al. v. The UNITED STATES.

United States Court of Claims.

July 18, 1979.

Attorney(s) appearing for the Case

Whayne S. Quin, Washington, D. C., for plaintiffs; Michael B. McGovern and Wilkes & Artis, Washington, D. C., of counsel.

Thomas L. McKevitt, Washington, D. C., with whom was Asst. Atty. Gen. James W. Moorman, Washington, D. C., for defendant; William E. Hill, Washington, D. C., of counsel.

Before FRIEDMAN, Chief Judge, and NICHOLS and BENNETT, Judges.

ON DEFENDANT'S MOTION TO DISMISS

PER CURIAM:

This case is that somewhat rare creature in our jurisprudence, the "independent action" under permission of Rule 152(b) —

* * * [T]o relieve a party from a judgment, order, or proceeding, or to set aside a judgment for fraud upon the court. * * *

Such an action, when it can be brought, lifts the bar of res judicata. Since ours is a court of limited jurisdiction, often inhibited in doing...

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