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McDONALD'S CORP. v. U.S.

No. 90-5117.

926 F.2d 1126 (1991)

McDONALD'S CORPORATION, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 20, 1991.

Attorney(s) appearing for the Case

Stephen N. Shulman, Cadwalader, Wickersham & Taft, Washington, D.C., argued for plaintiff-appellant. With him on the brief was Joel Kaufman.

Jeanne E. Davidson, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Velta A. Melnbrencis.

Before RICH, PLAGER and CLEVENGER, Circuit Judges.

CLEVENGER, Circuit Judge.

McDonald's Corporation ("McDonald") appeals the judgment of the United States Claims Court dismissing its suit for breach of contract against the United States ("Government") for lack of jurisdiction under the doctrine of sovereign immunity. McDonald's Corp. v. United States, No. 746-88C, slip op. (Apr. 27, 1990) ("McDonald"). The Claims Court held that a 1970 amendment to the Tucker...

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