MARSHALL LEASING, INC. v. U.S.

No. 87-4344.

893 F.2d 1096 (1990)

MARSHALL LEASING, INC., a Washington corporation, Plaintiff-Appellant, v. UNITED STATES of America, United States Department of Justice, Drug Enforcement Administration, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 11, 1990.

As Amended March 1, 1990.


Attorney(s) appearing for the Case

Ronald H. Hoevet, Portland, Or., for plaintiff-appellant.

Jack G. Collins, Asst. U.S. Atty., Portland, Or., for defendants-appellees.

Before SCHROEDER, POOLE, and NELSON, Circuit Judges.


NELSON, Circuit Judge:

Appellant contends that the district court erred in dismissing its action on the grounds that the complaint did not state an equitable claim as required for a waiver of sovereign immunity under 5 U.S.C. § 702 and that appellant had an adequate remedy at law in the Claims Court under the Tucker Act. We find that appellant's complaint sought equitable relief. We reverse the district court's finding that appellant had an adequate remedy at...

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