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Martinez v. United States

Dismissal of complaint affirmed; where plaintiff sought damages for breach of contract provision authorizing HUD to approve disbursement to plaintiff of monies from a completion assurance fund, HUD was not a party to the contract under which plaintiff sued.

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Appealed from: United States Court of Federal Claims

Senior Judge Reginald W. Gibson

This appeal challenges the Court of Federal Claims’ dismissal of counts of a complaint seeking damages for the alleged breach by the Department of Housing and Urban Development (“HUD”) of a contract provision authorizing HUD to approve disbursement to the appellant of certain funds held in trust. The Court of Federal Claims took that action because it concluded there was no privity of contract between HUD and the appellant. We affirm.

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