216
Opinion of the Court
In applying § 1500 to the facts of this case, we find it unnecessary to consider, much less repudiate, the "judicially created exceptions" to § 1500 found in Tecon Engineers, Casman, and Boston Five. See 962 F. 2d, at 1021. Tecon Engineers held that a later filed action in another court does not oust the Court of Federal Claims of jurisdiction over an earlier filed complaint; our decision turns on Keene's earlier filed District Court actions, and even Keene now concedes it to be "unnecessary for the Court to address the Tecon question" in ruling on the dismissal of Keene's claims. Reply Brief for Petitioner 14, n. 14; see n. 4, supra. The Casman court recognized an exception (followed in Boston Five) for plaintiffs who seek distinctly different types of relief in the two courts; here, Keene had sought monetary relief in each of the cases pending when it filed the complaints seeking monetary relief in Keene I and Keene II. See n. 6, supra. In Brown, the Court of Claims reinstated a claim after the plaintiff's District Court action for the same claim had been dismissed, on the grounds that the other suit was "no longer 'pending' " and had itself been dismissed because jurisdiction lay exclusively in the Court of Claims. 175 Ct. Cl., at 348, 358 F. 2d, at 1004. Brown's narrow reasoning, that § 1500 does not apply after dismissal of an earlier filed District Court suit brought in derogation of the Court of Federal Claims's exclusive jurisdiction, was echoed in Hossein, a per curiam order citing neither Brown, nor any other case, on this point.11 See also Boston Five, supra, at 139-140 (following Hossein). Since Keene's District Court actions were not, and could not have been, dis-11 We note that both the Brown and Hossein courts failed to consider the possibility that the District Court, in such a situation, could transfer the case to the Court of Federal Claims under a statute first adopted in 1960. See Act of Sept. 13, 1960, § 1, 74 Stat. 912 (codified at 28 U. S. C. § 1406(c) (1964 ed.)); Act of Apr. 2, 1982, § 301(a), 96 Stat. 55 (codified at 28 U. S. C. § 1631).
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