SMITH v. UNITED STATES

No. 38-80C.

654 F.2d 50 (1981)

Nathan SMITH v. The UNITED STATES.

United States Court of Claims.

June 17, 1981.


Attorney(s) appearing for the Case

L. Bruce Hoffman, Philadelphia, Pa., for plaintiff. Howard M. Goldsmith, Philadelphia, Pa., atty. of record.

Sara V. Greenberg, Washington, D. C., with whom was Acting Asst. Atty. Gen. Thomas S. Martin, Washington, D. C., for defendant.

Before KUNZIG, BENNETT and SMITH, Judges.


ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

BENNETT, Judge:

This case presents the court with a procedural tangle which again illustrates one of its needs for declaratory judgment authority such as other courts of the United States have, 28 U.S.C. § 2201 (1976), but denied to the Court of Claims by United States v. King, 395 U.S. 1, 89 S.Ct. 1501, 23 L.Ed.2d 52 ...

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