WHEELER v. U.S.

No. 93-5109.

11 F.3d 156 (1993)

Phoenix W. WHEELER, individually and on behalf of a class of persons similarly situated, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 6, 1993.


Attorney(s) appearing for the Case

Vicki Gottlich, Nat. Sr. Citizens Law Center, Washington, DC, argued, for plaintiff-appellant.

Charles F. Beall, Jr., Attorney, Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for defendant-appellee. With him on the brief were Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director.

Before PLAGER, LOURIE and CLEVENGER, Circuit Judges.


CLEVENGER, Circuit Judge.

Phoenix W. Wheeler appeals the February 16, 1993 judgment of the United States Court of Federal Claims dismissing her complaint. In granting the Government's motion to dismiss Ms. Wheeler's claim for monetary relief for failure to state a claim upon which relief can be granted, the Court of Federal Claims held that absent an assertion of fraud or gross negligence, the court was statutorily precluded from reviewing the determination of the...

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