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HELASH v. BALLARD

No. 78-2552.

638 F.2d 74 (1980)

John HELASH, sole proprietor, dba John Helash Steel Construction, Plaintiff-Appellee, v. John G. BALLARD, Jr., Col., USAF, Defendant, and United States Air Force, U.S.A., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

June 11, 1980.

Attorney(s) appearing for the Case

Charles W. Kircher, Jr., Asst. U. S. Atty., Los Angeles, Cal., for defendants-appellants.

Joseph E. DiLoreto, Mitchell & DiLoreto, Downey, Cal., for plaintiff-appellee.

Before ELY and WALLACE, Circuit Judges, and KING, District Judge.

PER CURIAM:

Helash brought suit pursuant to the Tucker Act, 28 U.S.C. § 1346, to recover $20,000 in payment for steel provided by him and used by the government in construction of a power plant at a United States Air Force base in the Azores. The district court entered judgment against the Air Force and the United States in the amount of $10,000. We reverse the judgment and dismiss the suit as to the Air Force.

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