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SOUTHWEST MARINE OF SAN FRANCISCO, INC. v. U.S.

No. 89-1563.

896 F.2d 532 (1990)

SOUTHWEST MARINE OF SAN FRANCISCO, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

February 12, 1990.

Attorney(s) appearing for the Case

Peter B. Jones, Foster, Jones & Donovan, of Irvine, Cal., submitted for appellant.

Martha H. DeGraff, Dept. of Justice, of Washington, D.C., submitted for appellee. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen. and David M. Cohen, Director.

Before NEWMAN and ARCHER, Circuit Judges, and DUFF, District Judge.

PAULINE NEWMAN, Circuit Judge.

ORDER

Southwest Marine of San Francisco, Inc. (succeeded by Southwest Marine, Inc.) appeals the decision of the Armed Services Board of Contract Appeals (ASBCA), ABSCA No. 33404, 89-1 BCA § 21,425 (Nov. 28, 1988). The United States has moved to dismiss for lack of jurisdiction in the Federal Circuit, on the ground that this case arises out of a maritime contract and must be appealed to a federal district court. We conclude...

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