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T. O. F. C., INC. v. UNITED STATES

No. 207-81C.

683 F.2d 389 (1982)

T. O. F. C., INC. v. The UNITED STATES.

United States Court of Claims.

June 30, 1982.

Attorney(s) appearing for the Case

William T. Estabrook, Washington, D. C., attorney of record, for plaintiff. George R. Royer, Toledo, Ohio, of counsel.

Richmond L. McKay, Washington, D. C., with whom was Asst. Atty. Gen. J. Paul McGrath, Washington, D. C., for defendant.

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

ON DEFENDANT'S MOTION TO DISMISS

SMITH, Judge, delivered the opinion of the court:

In this case plaintiff claims that it is entitled to compensation from defendant upon the ground either of an express or implied contract with defendant or of a taking which falls within the purview of the fifth amendment. We hold that any contract claim that plaintiff has must be against the Consolidated Railroad Corporation (Conrail), an entity over which we have no jurisdiction...

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