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U.S. FOR USE OF P.J. KEATING CO. v. WARREN CORP.

No. 86-1345.

805 F.2d 449 (1986)

UNITED STATES of America, for the Use and Benefit of P.J. KEATING COMPANY, Plaintiff, Appellee, v. WARREN CORPORATION, et al., Defendants, Appellees. National Grange Mutual Insurance Company, Third-Party Plaintiff, Appellant.

United States Court of Appeals, First Circuit.

Decided November 14, 1986.

Attorney(s) appearing for the Case

Charles E. O'Brien, Albany, N.Y., for third-party plaintiff, appellant.

Raymond W. Hepper, Tax Div., Dept. of Justice, with whom Roger M. Olsen, Asst. Atty. Gen., Michael L. Paup and Wynette J. Hewett, Tax Div., Dept. of Justice, Washington, D.C., and William F. Weld, U.S. Atty., Boston, Mass., were on brief for the U.S.

Before CAMPBELL, Chief Judge, ALDRICH and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

Appellant National Grange Mutual Insurance Company ("National Grange") appeals a decision of the district court granting summary judgment in favor of the United States of America ("Government"). We find that the district court lacked jurisdiction to consider appellant's claim. Accordingly, we vacate the decision of the district court and remand to that court with instructions to dismiss the complaint.

I. Factual Setting.

The...

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