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AMERICAN CONTRACTORS INDEM. CO. v. U.S.

No. 2008-5188.

570 F.3d 1373 (2009)

AMERICAN CONTRACTORS INDEMNITY COMPANY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 29, 2009.

Attorney(s) appearing for the Case

Jefferson B. Slagle, Thompson, Slagle & Hannan, LLC, of Duluth, GA, argued for plaintiff-appellant.

Sean M. Dunn, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Michael F. Hertz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Donald E. Kinner, Assistant Director.

Before NEWMAN, SCHALL, and DYK, Circuit Judges.

DYK, Circuit Judge.

American Contractors Indemnity Company ("ACIC") filed a complaint under the Tucker Act, 28 U.S.C. § 1491(a)(1), against the United States seeking damages for an alleged breach of contract by the Small Business Administration ("SBA"). On the government's motion, the Court of Federal Claims dismissed ACIC's complaint for failure to state a claim upon which relief could be granted. Am. Contractors Indem. Co. v. United States, 81 Fed.Cl...

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