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FALCONE v. PIERCE

No. 88-1503.

864 F.2d 226 (1988)

Louis T. FALCONE, etc., Plaintiff, Appellant, v. Samuel R. PIERCE, Jr., etc., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 29, 1988.

Attorney(s) appearing for the Case

Brian M. Hurley with whom Jennifer S.D. Roberts, Gordon M. Orloff and Rackemann, Sawyer & Brewster, P.C., Boston, Mass., were on brief, for plaintiff, appellant.

Frederick E. Dashiell, Asst. U.S. Atty., with whom Frank L. McNamara, Jr., U.S. Atty., and Robert H. Farrell, Dept. of Housing and Urban Development, Boston, Mass., were on brief, for defendant, appellee.

Before CAMPBELL, Chief Judge, BROWN, Senior Circuit Judge, and COFFIN, Circuit Judge.

COFFIN, Circuit Judge.

This is an appeal from the district court's dismissal of plaintiff's contract claim for rescission, based on misrepresentations by federal officials, against the federal government. The district court granted defendant's motion to dismiss on the ground that courts generally do not apply equitable estoppel against the government in a contract action. Because we determine that on the facts alleged the plaintiff would be unable to establish a traditional...

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