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FURASH & CO. v. U.S.

No. 00-5084.

252 F.3d 1336 (2001)

Furash & Company, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED June 13, 2001

Attorney(s) appearing for the Case

Jed Lloyd Babbin, Tighe, Patton & Babbin, PLLC, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Sharon L. Babbin.

Armando O. Bonilla, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were David M. Cohen, Director; and Bryant G. Snee, Assistant Director. Of counsel on the brief was John C. Mantini, Senior Attorney Advisor, Office of General Counsel, Federal Housing Finance Board, of Washington, DC.

Before MAYER, Chief Judge, RADER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

Furash & Company appeals the decision of the United States Court of Federal Claims dismissing its contract suit against the United States for lack of jurisdiction. Furash & Co. v. United States, 46 Fed. Cl. 518 (2000). Because we conclude that the non-appropriated funds doctrine bars the Court of Federal Claims from exercising jurisdiction in this case, we affirm.

I

In 1997, Furash entered into a contract with...

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