BENDERSON DEV. CO. v. U.S. POSTAL SERVICE

No. 92-1554.

998 F.2d 959 (1993)

BENDERSON DEVELOPMENT COMPANY, INC., Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 8, 1993.


Attorney(s) appearing for the Case

Harold M. Halpern, Borins, Halpern & Stromberg, Buffalo, NY, argued, for plaintiff-appellant.

Peter A. Appel, Dept. of Justice, Washington, DC, argued, for defendant-appellee. Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Velta A. Melnbrencis, Asst. Director, Commercial Litigation Branch, Department of Justice, Washington, DC, were on the brief, for defendant-appellee. Of counsel was J. Carol Williams, Dept. of Justice. Also on the brief, were Stephen J. Powell, Chief Counsel, Berniece A. Browne, Sr. Counsel and Stephen J. Claeys, Attorney-Adviser, Office of the Chief Counsel for Import Admin., U.S. Dept. of Commerce, of counsel.

Before PLAGER, LOURIE and CLEVENGER, Circuit Judges.


CLEVENGER, Circuit Judge.

Benderson Development Company, Inc. appeals from an order of the United States District Court for the Western District of New York transferring Benderson's complaint against the United States Postal Service to the United States Court of Federal Claims.1 Benderson Dev. Co. v. United States Postal Serv., 91-CV-794E(M), 1992 WL 210065 (W.D.N.Y. Aug. 19, 1992). The district court concluded that Benderson's...

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