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LABATTE v. U.S.

2017-2396.

899 F.3d 1373 (2018)

Timothy LABATTE, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee

United States Court of Appeals, Federal Circuit.

Decided: August 16, 2018.

Attorney(s) appearing for the Case

ERICK G. KAARDAL , Mohrman, Kaardal & Erickson, P.A., Minneapolis, MN, argued for plaintiff-appellant.

MATTHEW PAUL ROCHE , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by CHAD A. READLER , ROBERT E. KIRSCHMAN, JR. , MARTIN F. HOCKEY, JR.

Before Prost, Chief Judge, Dyk and Taranto, Circuit Judges.

Timothy LaBatte appeals from a judgment of the Court of Federal Claims ("Claims Court"), dismissing his complaint for breach of contract for lack of subject-matter jurisdiction. LaBatte v. United States, No. 16-798C, slip op. at 15 (Fed. Cl. July 28, 2017). Because the court erred in concluding that it lacked jurisdiction...

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