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F. ALDERETE GENERAL CONTRACTORS v. UNITED STATES

No. 83-1003.

715 F.2d 1476 (1983)

F. ALDERETE GENERAL CONTRACTORS, INC., Appellant, v. UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

August 23, 1983.

Attorney(s) appearing for the Case

C. Stanley Dees, Washington, D.C., argued for appellant. With him on the brief were David A. Churchill and Jacob B. Pankowski, Washington, D.C., Thomas Spieczny and Raymond C. Caballero, El Paso, Tex., were also on the brief.

Mark A. Cymrot, Washington, D.C., argued for appellee. With him on the brief were J. Paul McGrath, Asst. Atty. Gen., and David M. Cohen, Washington, D.C., Director.

Before MARKEY, Chief Judge, BENNETT, Circuit Judge, and COWEN, Senior Circuit Judge.

COWEN, Senior Circuit Judge.

The appellant, F. Alderete General Contractors, Inc. (Alderete or contractor), appeals from a decision of the United States Claims Court1 (Claims Court) which held that it lacked the power under 28 U.S.C. § 1491(a)(3) to grant injunctive and other equitable relief under the circumstances.

The contractor first filed his suit for equitable relief in a district court, which transferred the case to...

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