United States Federal Circuit

In a dispute between a commercial mortgage lender and a government agency over an insurance contract, district court's denial of the government's motion to dismiss or transfer the case is reversed where, despite plaintiff's efforts to frame the matter as one for injunctive or declaratory relief under the Administrative Procedure Act, the case was a suit for money for which the Court of Federal Claims could provide an adequate remedy under the Tucker Act.

Appellate Information

• Decided 03/12/2007
• Published 03/12/2007

Judges

• PLAGER, Senior Circuit Judge., Before RADER, Circuit Judge, PLAGER, Senior Circuit Judge, and LINN, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Michael J. Schaengold, Patton Boggs LLP, of Washington, DC, argued for plaintiff-appellee.   With him on the brief was Douglas C. Proxmire., Mark R. Freeman, Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for defendants-appellants.   With him on the brief were Peter D. Keisler, Assistant Attorney General, and Michael S. Raab, Attorney.