BOOTH v. U.S.

No. 92-5134.

990 F.2d 617 (1993)

Richard James BOOTH, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied May 24, 1993.


Attorney(s) appearing for the Case

Ronald W. Brandenburg, Hughes, Thoreen, Mathews & Knapp, St. Cloud, MN, argued, for plaintiff-appellant.

R. Alan Miller, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for defendant-appellee. With him on the brief, were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, and James M. Kinsella, Asst. Director. Also on the brief was Captain Michael J. Davidson, Litigation Atty., Office of Judge Advocate Gen., U.S. Army, Arlington, VA, of counsel.

Before RICH, NEWMAN, and RADER, Circuit Judges.


RADER, Circuit Judge.

Richard James Booth commenced this action in the United States Court of Federal Claims1 alleging the breach of an employment contract with the United States. The Court of Federal Claims denied the Government's motion to dismiss for lack of subject matter jurisdiction. Booth v. United States, No. 91-1456C (Fed.Cl. Apr. 23, 1992). The trial court, however, converted the Government's motion to dismiss into a motion...

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