Robert Patton, Jr., Plaintiff-appellant, v. the United States, Defendant-appellee, 871 F.2d 1097 (Fed. Cir. 1989)

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U.S. Court of Appeals for the Federal Circuit - 871 F.2d 1097 (Fed. Cir. 1989) March 13, 1989

Before MARKEY, Chief Judge, and EDWARD S. SMITH and MAYER, Circuit Judges.

PER CURIAM.


DECISION

Patton appeals from a dismissal for lack of jurisdiction by the United States Claims Court, docket no. 467-88C. We affirm.

OPINION

The Claims Court correctly determined that Patton's claims fall outside its jurisdiction provided in 28 U.S.C. § 1491. Patton's allegations, to the extent discernable, "sound in tort" and address constitutional violations of the type not reviewable by the Claims Court. See Smithson v. United States, 847 F.2d 791, 794 (Fed. Cir. 1988).

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