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JM MECHANICAL CORP. v. U.S. BY U.S. DEPT. OF HUD

No. 82-5437.

716 F.2d 190 (1983)

JM MECHANICAL CORPORATION, a New York corporation, Appellant, v. The UNITED STATES of America, By its agent, the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Appellee.

United States Court of Appeals, Third Circuit.

Decided September 2, 1983.

Attorney(s) appearing for the Case

Martin H. Cowen (argued), Slavitt, Fiah & Cowen, Newark, N.J., for appellant.

Bette E. Uhrmacher (argued), W. Hunt Dumont, U.S. Atty., Samuel Rosenthal, Chief of Appeals, Trenton, N.J., for appellee.

Before HUNTER and HIGGINBOTHAM, Circuit Judges, and STAPLETON, District Judge.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This is an appeal from a final order of the United States District Court for the District of New Jersey granting the United States Department of Housing and Urban Development's ("HUD") motion to dismiss the complaint of the JM Mechanical Corp. ("JM"), based on the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680 (1976), against HUD under Fed.R.Civ.P. 12(b)(1) for lack of subject matter...

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