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Tucker Act Reaches More NAFIs Than Many Thought

Feb.02.2011

In a 6-4 en banc decision, the Federal Circuit in Slattery v. U.S. (Jan. 28, 2011) has overruled significant contrary precedent and explained that the Tucker Act provides jurisdiction to sue non-appropriated funds instrumentalities of the government, irrespective of their funding source and whether or not they are listed explicitly in the act (such as the military exchanges have been since the 1970 amendments).  Judgments in such cases will be paid from the Judgment Fund.

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Frederick (Rick) W. Claybrook Jr.
Partner – Washington, D.C.
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Email: rclaybrook@crowell.com

Brian Tully McLaughlin
Partner – Washington, D.C.
Phone: +1 202.624.2628
Email: bmclaughlin@crowell.com