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CHRISTOPHER VILLAGE v. U.S.

No. 02-5188.

360 F.3d 1319 (2004)

CHRISTOPHER VILLAGE, L.P. and Wilshire Investments Corp., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided March 8, 2004.

Attorney(s) appearing for the Case

E. Grey Lewis, of Washington, DC, argued for plaintiffs-appellants. Of counsel on the brief was E.C. Baynard, Baynard & Cartner, of Washington, DC.

Steven J. Gillingham, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. Of counsel were David M. Cohen, Director; and Nancy Christopher, Attorney, Office of General Counsel, Department of Housing and Urban Development, of Washington, DC.

Before LOURIE, GAJARSA, and DYK, Circuit Judges.

DYK, Circuit Judge.

This case presents the question whether a federal district court has jurisdiction to issue a declaratory judgment as to the government's liability for breach of contract solely in order to create a "predicate" for suit to recover damages in the Court of Federal Claims. We hold that district courts do not have such jurisdiction because the Court of Federal Claims has exclusive jurisdiction under the Tucker Act, 28 U.S.C. § 1491 (2000), to adjudicate...

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