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SCOTT AVIATION v. U.S.

No. 91-5036.

953 F.2d 1377 (1992)

SCOTT AVIATION, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 21, 1992.

Attorney(s) appearing for the Case

Scott W. Woehr, Doyle, Simons & Bachman, Washington, D.C., argued for plaintiff-appellant. With him on the brief were James D. Bachman and Sarah J. Gaston.

Sharon Y. Eubanks, Asst. Director, Commercial Litigation Branch, Department of Justice, of Washington, D.C., argued for defendant-appellee. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen., and David M. Cohen, Director.

Before RICH, RADER and ALARCON, Circuit Judges.

RADER, Circuit Judge.

Scott Aviation (Scott), appeals the November 8, 1990 Order of the United States Claims Court dismissing its complaint with prejudice. Scott Aviation v. United States, 21 Cl.Ct. 782 (1990). Because Scott's complaint in effect requests a declaratory judgment, the Claims Court lacks subject matter jurisdiction. In the absence of jurisdiction, the Claims Court erred in dismissing the complaint with prejudice. Therefore, this court vacates...

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