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Shaller v. United States

Decided: January 16, 1992.

MORRIS L. SHALLER, PLAINTIFF-APPELLANT,
v.
THE UNITED STATES, DEFENDANT-APPELLEE.



Morris L. Shaller appeals from the April 23, 1991 Order of the United States Claims Court, No. 91-1088C, dismissing his complaint for lack of jurisdiction.

Before Rich, Newman, and Plager, Circuit Judges.

Per Curiam

Per Curiam.

DECISION

Morris L. Shaller appeals from the April 23, 1991 Order of the United States Claims Court, No. 91-1088C, dismissing his complaint for lack of jurisdiction. We affirm on the basis of said Order, attached as an Appendix.

APPENDIX

In the United States Claims Court

No. 91-1088C

(Filed April 23, 1991)

MORRIS L. SHALLER, Pro Se, Plaintiff, v. THE UNITED STATES, Defendant.

Order

This case is before the court on plaintiff's pro se complaint filed on April 16, 1991 under RUSCC 27.

Plaintiff seeks damages for injuries, namely, "headaches, dizziness, and eyestrain" which he allegedly sustained while a civil service employee in the United States Army. The court's jurisdiction is statutorily conferred by the Tucker Act, 28 U.S.C. § 1491. In pertinent part, § 1491 states:

The United States Claims Court shall have jurisdiction to render judgment upon any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, ...


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