· 7/13/1992
Michael R. Wood v. The United States, U.S. Customs Service, Northrop Worldwide Aircraft Services, Inc., Federal Aviation Administration
Citations
- 961 F.2d 195
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that although 28 U.S.C. § 1502 is read narrowly, it precludes jurisdiction when “but for the treaty, the plaintiff’s claim would not exist”
- stating that the federal district courts have “exclusive jurisdiction over tort claims for any amount if they fall within the Federal Tort Claims Act”
- noting that federal “district courts have . . . exclusive jurisdiction over tort claims for any amount if they fall within the Federal Tort Claims Act”z
- noting that the specific performance contract remedy is not available in our court
- finding the “primary thrust” of the claim was breach of contract where liability depended wholly upon the government’s alleged promise
- dismissing Section 1502 jurisdictional challenge where the treaty did not create the right to purchase a certificate of airworthiness
Source: CourtListener parenthetical corpus (CC0).
Judges: Nies, Mayer, Lourie
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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