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HARDAWAY CO. v. U.S. ARMY CORPS OF ENGINEERS

No. 91-3435.

980 F.2d 1415 (1993)

The HARDAWAY COMPANY, Plaintiff-Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 13, 1993.

Attorney(s) appearing for the Case

Michael F. McKenna, Edward D. Grayson, Saddle River, N.J., John Joseph Agliano, Tampa, Fla., for plaintiff-appellant.

Whitney Schmidt, Asst. U.S. Atty., Tampa, Fla., Edward T. Swaine, Robert S. Greenspan, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., for defendant-appellee.

Before TJOFLAT, Chief Judge, ANDERSON, Circuit Judge, and ALAIMO, Senior District Judge.

PER CURIAM:

The Hardaway Company (Hardaway), a subcontractor on a government construction project, appeals from the dismissal of its complaint seeking recovery from the government under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-80 (1988), for the balance due under its subcontract. We agree with the district court that Hardaway could not bring this claim under the FTCA and, accordingly, we affirm.

I.

In July 1986, C. Ardavin...

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