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HARBUCK v. U.S.

No. 04-5013.

378 F.3d 1324 (2004)

Bonnie HARBUCK, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided August 10, 2004.

Attorney(s) appearing for the Case

Bonnie Michelle Smith, of Bonaire, GA, argued for plaintiff-appellant.

William F. Ryan, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General; and David M. Cohen, Director. Of counsel on the brief was Lieutenant Colonel Paula J. DeMuth, United States Department of the Air Force, Air Force Legal Services Agency, General Litigation Division, of Arlington, VA.

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

FRIEDMAN, Senior Circuit Judge.

Section 1500 of Title 28 of the United States Code denies the Court of Federal Claims jurisdiction over "any claims" with respect to which the plaintiff "has pending in any other court any suit ... against the United States." The district court transferred one count of a complaint to the Court of Federal Claims. Under the transfer statute, 28 U.S.C. § 1631 (2000), the claims in the Court of Federal Claims are deemed to have been...

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