United States Federal Circuit

District courts lack jurisdiction to issue a declaratory judgment as to the government's liability for breach of contract solely in order to create a "predicate" for suit to recover damages in the Court of Federal Claims; under the Tucker Act, the Court of Federal Claims has exclusive jurisdiction to adjudicate breach of contract claims for money damages exceeding $10,000, and Congress has not waived sovereign immunity for such suits in district courts.

Appellate Information

• Decided 03/08/2004
• Published 03/08/2004

Judges

• DYK, Circuit Judge., Before LOURIE, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• E. Grey Lewis, of Washington, DC, argued for plaintiffs-appellants.   Of counsel on the brief was E.C. Baynard, Baynard & Cartner, of Washington, DC.


• For Appellees:
  
• Steven J. Gillingham, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   Of counsel were David M. Cohen, Director;  and Nancy Christopher, Attorney, Office of General Counsel, Department of Housing and Urban Development, of Washington, DC.