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HOLMES v. U.S.

No. 2010-5119.

657 F.3d 1303 (2011)

Timothy O. HOLMES, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 12, 2011.

Attorney(s) appearing for the Case

James Y. Boland, Venable LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Terry L. Elling.

Richard P. Schroeder, 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 Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Harold D. Lester, Jr., Assistant Director.

Before PROST, SCHALL, and MOORE, Circuit Judges.

SCHALL, Circuit Judge.

Timothy O. Holmes appeals the final decision of the United States Court of Federal Claims dismissing for lack of jurisdiction his amended complaint asserting two separate breach of contract claims under the Tucker Act, 28 U.S.C. § 1491(a)(1). Holmes v. United States, 92 Fed.Cl. 311 (2010). In his suit, Mr. Holmes alleged that the Department of the Navy breached two settlement agreements relating to Title VII1

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