Keene Corp. v. United States, 508 U.S. 200, 6 (1993)

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Cite as: 508 U. S. 200 (1993)

Opinion of the Court

Cert. F10-F11. Again, the recoupments are said to be takings of Keene's property without due process and just compensation, contrary to the Fifth Amendment. See 28 U. S. C. § 1491(a)(1) (covering, inter alia, certain claims "founded . . . upon the Constitution").

After the Court of Federal Claims raised the present jurisdictional issue sua sponte in similar actions brought by Johns-Manville, the Government invoked 28 U. S. C. § 1500 in moving to dismiss both Keene I and Keene II, as well as like actions by five other asbestos product manufacturers. With trial imminent in the Johns-Manville cases, the Court of Federal Claims initially granted the motion to dismiss only as to them. Keene Corp. v. United States, 12 Cl. Ct. 197 (1987). That decision was affirmed on appeal, Johns-Manville Corp. v. United States, 855 F. 2d 1556 (CA Fed. 1988) (per curiam), cert. denied, 489 U. S. 1066 (1989), and the Court of Federal Claims then entered dismissals in Keene I and Keene II, among other cases, finding that when Keene had filed both Keene I and Keene II, it had the same claims pending in other courts. 17 Cl. Ct. 146 (1989). While a panel of the Court of Appeals for the Federal Circuit reversed on the ground that § 1500 was inapplicable because no other claim had been pending elsewhere when the Court of Federal Claims entertained and acted upon the Government's motion to dismiss, UNR Industries, Inc. v. United States, 911 F. 2d 654 (1990), the Court of Appeals, en banc, subsequently vacated the panel opinion, 926 F. 2d 1109 (1990), and affirmed the trial court's dismissals, 962 F. 2d 1013 (1992). We granted certiorari. 506 U. S. 939 (1992).

II

The authority cited for dismissing Keene's complaints for want of jurisdiction was 28 U. S. C. § 1500 (1988 ed., Supp. IV):

"The United States Court of Federal Claims shall not have jurisdiction of any claim for or in respect to which

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