Summary
The Ninth Circuit held that the district court lacked subject matter jurisdiction over a bidder's claim for specific performance to compel the GSA to accept his bid for surplus land. The Little Tucker Act (28 U.S.C. §1346(a)(2)) does not authorize equitable relief against the United States, and no waiver of sovereign immunity permitted such a suit. The court vacated summary judgment and remanded for dismissal or possible transfer to the Claims Court, noting that 28 U.S.C. §1491(a)(3) grants the Claims Court exclusive jurisdiction over pre-award contract claims but does not expand district court jurisdiction. Key topics: sovereign immunity, Little Tucker Act, equitable relief, pre-award contract claims, Claims Court jurisdiction.
Holdings
- The district court lacked subject matter jurisdiction because the Little Tucker Act does not authorize equitable relief and the United States has not consented to suits for specific performance of government contracts.
Questions Presented
- Whether the district court had subject matter jurisdiction over Price's claim for specific performance against the United States in a pre-award contract dispute.
Disposition
vacated_and_remanded
Cases Cited (13)
- North Side Lumber Co. v. Block, 753 F.2d 1482 (9th Cir.), cert. denied, 474 U.S. 931 (1985)(followed)
- Lee v. Blumenthal, 588 F.2d 1281 (9th Cir. 1979)(followed)
- Sharp v. Weinberger, 798 F.2d 1521 (D.C. Cir. 1986)(cited as persuasive)
- Chemung County v. Dole, 781 F.2d 963 (2d Cir. 1986)(cited as persuasive)
- Ulstein Maritime, Ltd. v. United States, 833 F.2d 1052 (1st Cir. 1987)(discussed but not followed)
- Coco Bros., Inc. v. Pierce, 741 F.2d 675 (3d Cir. 1984)(discussed but not followed)
- Rex Systems, Inc. v. Holiday, 814 F.2d 994 (4th Cir. 1987)(discussed but not followed)
- Rowe v. United States, 633 F.2d 799 (9th Cir. 1980), cert. denied, 451 U.S. 970 (1981)(distinguished)
- Laguna Hermosa Corp. v. Martin, 643 F.2d 1376 (9th Cir. 1981)(distinguished)
- Parola v. Weinberger, 848 F.2d 956 (9th Cir. 1988)(distinguished)
Showing top 10 of 13.
Cited In (0)
No citing cases on record yet.