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SHIPPEN v. UNITED STATES

No. 281-79C.

654 F.2d 45 (1981)

Ben R. SHIPPEN d/b/a Assurance Company v. The UNITED STATES.

United States Court of Claims.

June 17, 1981.

Attorney(s) appearing for the Case

Denver C. Snuffer, Jr., Pleasant Grove, Utah, for plaintiff; William L. Nixon, Salt Lake City, Utah, atty. of record.

Thomas W. B. Porter, with whom was Acting Asst. Atty. Gen. Thomas S. Martin, Washington, D. C., for defendant.

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

ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DISMISSAL (AS TO SECOND COUNTERCLAIM)

FRIEDMAN, Chief Judge:

The question before us, raised by the plaintiff's motion to dismiss the second counterclaim, is whether we have jurisdiction to entertain a counterclaim that seeks only a declaratory judgment. We answer that question negatively, and therefore dismiss the counterclaim.

I.

This controversy arose out of a contract between the plaintiff...

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