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McGUIRE v. U.S.

No. 06-15812.

550 F.3d 903 (2008)

Jerry McGUIRE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 24, 2008.

Attorney(s) appearing for the Case

Robert M. Cook; Phoenix, AZ; David A. Domina and James F. Cann, Omaha, NE, for the appellant.

Sue Ellen Wooldridge, Assistant Attorney General, Richard G. Patrick, Assistant U.S. Attorney, Phoenix, AZ; Elizabeth A. Peterson, Katherine J. Barton, Attorneys, Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the appellee.

Before: SIDNEY R. THOMAS and JAY S. BYBEE, Circuit Judges, and FREDERIC BLOCK, District Judge.

THOMAS, Circuit Judge:

This appeal presents the question of whether district courts have jurisdiction to entertain a bankruptcy debtor's Tucker Act claims. We conclude that the Tucker Act's sovereign immunity waiver is limited to suits filed in the United States Court of Federal Claims. We reverse the judgment of the district court and remand with instructions to transfer the action to the Court of Federal Claims, which is the appropriate venue for takings claims...

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