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A. L. ROWAN & SON, ETC. v. DEPT. OF HOUSING AND URBAN DEV.

No. 77-2870.

611 F.2d 997 (1980)

A. L. ROWAN & SON, GENERAL CONTRACTORS, INC., Plaintiff-Appellant, v. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 13, 1980.

Attorney(s) appearing for the Case

Denis Paul Juge, Gordon F. Wilson, Jr., New Orleans, La., for plaintiff-appellant.

Daniella Sapriel, Gwynn T. Swinson, Dept. of Justice, Washington, D. C., for defendants-appellees.

Before JONES, JOHN R. BROWN and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Because the jurisdiction of United States district courts is limited, and cannot be extended by consent or waiver, because our appellate jurisdiction is derivative, and because plaintiffs choose those courts in preference to other forums, we confront frequently the question whether an asserted claim lies within the jurisdiction of the district court. The problem becomes an enigma when, as here...

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