May 28, 1993          [NOT FOR PUBLICATION]


                            UNITED STATES COURT OF APPEALS
                                FOR THE FIRST CIRCUIT

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          No. 92-2320

            


                                  CHESTER P. SOLING,

                                Plaintiff, Appellant,

                                          v.

                              NICHOLAS F. BRADY, ET AL.,

                                Defendants, Appellees.



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                     APPEAL FROM THE UNITED STATES DISTRICT COURT

                          FOR THE DISTRICT OF MASSACHUSETTS

                    [Hon. Frank H. Freedman, U.S. District Judge]
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                                        Before

                                 Breyer, Chief Judge,
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                          Torruella and Cyr, Circuit Judges.
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               Chester P. Soling on brief pro se.
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               A.  John Pappalardo,  United States  Attorney, and  Karen L.
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          Goodwin, Assistant U.S. Attorney, on brief for appellees. 
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                 Per Curiam.  Plaintiff Chester P.  Soling appeals from a
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            district court order dismissing his complaint  against former

            Treasury Secretary Nicholas Brady  for lack of subject matter

            jurisdiction.1  Soling's  complaint alleged that  the Federal

            Express Company  refused to  service him  because he  did not

            have a credit card and that he was denied the use of New York

            City's transit system because he did not have exact change or

            tokens.    The  complaint  sought a  judgment  requiring  the

            Treasury  Department to  honor the  pledge appearing  on U.S.

            bills  (i.e.  - "This  note is  legal  tender for  all debts,

            public and private").    We   have  carefully   reviewed  the

            record and the parties' briefs on appeal.  We  agree that the

            district  court properly  dismissed this  action for  lack of

            subject matter jurisdiction, there being no applicable waiver

            of sovereign immunity  to support the plaintiff's  complaint.

            See Coggeshall  Development Corp.  v. Diamond, 884  F.2d (1st
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            Cir. 1989).  Cf.  Nemser v. New York City  Transit Authority,
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            530  N.Y.S. 2d  493,  494  (Sup.  1988).    Accordingly,  the

            judgment of the district court is affirmed. 
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            1.  The complaint also named  as defendants the United States
            Treasury   Department   and   Treasurer    Catalina   Vasquez
            Villalpando.

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