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MARTINEZ v. U.S.

No. 01-5092.

281 F.3d 1376 (2002)

Mercedes MARTINEZ (as Trustee of Blue Ridge Development, Ltd., a dissolved Limited Partnership), Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied April 5, 2002.

Attorney(s) appearing for the Case

Thomas F. Pepe, Pepe & Nemire, of Coral Gables, Florida, for plaintiff-appellant.

John C. Einstman, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for defendant-appellee. With him on the brief were Stuart E. Schffer, Acting Assistant Attorney General; David M. Cohen, Director; and Mark A. Melnick, Assistant Director.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LOURIE, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

This appeal challenges the Court of Federal Claims' dismissal of counts of a complaint seeking damages for the alleged breach by the Department of Housing and Urban Development ("HUD") of a contract provision authorizing HUD to approve disbursement to the appellant of certain funds held in trust. The Court of Federal Claims took that action because it concluded there was no privity of contract...

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