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CADDELL CONST. CO., INC. v. LEHMAN

Civ. A. No. 284-223.

599 F.Supp. 1542 (1985)

CADDELL CONSTRUCTION CO., INC., Plaintiff, v. John F. LEHMAN, Jr., Secretary of the Navy; Captain Greenwall; Captain Wells; Commander John C. Elkins; L. Sparks and Lorraine Rhoden, Defendants.

United States District Court, S.D. Georgia, Brunswick Division.

January 2, 1985.

Attorney(s) appearing for the Case

Michael A. Caddell, Bracewell & Patterson, Houston, Tex., for plaintiff.

Lawrence B. Lee, Asst. U.S. Atty., Savannah, Ga., for defendants.

ORDER

ALAIMO, Chief Judge.

Before the Court is the Government's motion to dismiss for lack of subject matter jurisdiction. The Government asserts that exclusive jurisdiction as to plaintiff's claim for injunctive relief is vested in the United States Claims Court pursuant to § 133(a)(3) of the Federal Courts Improvement Act ("FCIA") of 1982, 28 U.S.C. § 1491(a)(3) (1982 & Supp. II 1984). After an exhaustive review of the relevant case precedent...

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