United States District Court, Northern District of Illinois, E.D
November 2, 1955
PIONEER GEN-E-MOTOR CORPORATION, PLAINTIFF,
DEPARTMENT OF THE ARMY AND UNITED STATES OF AMERICA, DEFENDANTS.
The opinion of the court was delivered by: Knoch, District Judge.
This matter came on to be heard on defendants' motion to
dismiss the cause herein for lack of jurisdiction in this Court.
The Court has had the benefit of argument of counsel on briefs,
has carefully considered the matter, and is fully advised in the
It is defendants' position that in suits involving a claim
against the United States under the Contract Settlement Act, 41
U.S.C.A. § 101 et seq., the claim as filed with the contracting
agency determines the amount of the claim with respect to the
jurisdictional limits under Title 28, U.S.C.A. § 1346(a)(2).
Plaintiff asserts that having waived all damages in excess of
$10,000, it has brought its claim within those jurisdictional
limits and that this Court has jurisdiction of the claim.
This precise question was considered in Thompson Foundry &
Machine Co. v. United States, D.C.Ga. 1946, 67 F. Supp. 121, 122,
where the Court held that the original claim as filed with the
contracting agency governed, although in that case plaintiff
sought damages of only $9,832.25.
It appearing that this Court does not have jurisdiction in this
cause by reason of the fact that the suit herein involves a claim
for an amount in excess of $10,000, defendants' motion must be
and it is hereby granted.
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