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A.E. FINLEY & ASSOCIATES, INC. v. U.S.

No. 89-5632.

898 F.2d 1165 (1990)

A.E. FINLEY & ASSOCIATES, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 23, 1990.

Attorney(s) appearing for the Case

G. Wendell Thomas, Jr. (argued) and James N. Gore, Jr., Kennerly, Montgomery & Finley, Knoxville, Tenn., for plaintiff-appellant.

John W. Gill, Jr., U.S. Atty. and Mike Mitchell, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Knoxville, Tenn., for defendant-appellee.

Before NELSON, Circuit Judge, and LIVELY, Senior Circuit Judge, and BERTELSMAN, District Judge.

PER CURIAM.

The plaintiff sought a declaratory judgment that the United States had activated the contract dispute resolution mechanism of the Contract Disputes Act, 41 U.S.C. §§ 601 et seq., and had exhausted its administrative and judicial remedies regarding the dispute. The district court denied relief. The United States, while defending the court's decision on the merits, argues as it did below that the district court lacked subject-matter jurisdiction...

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