Schuerman v. United States

OPINION

NETTESHEIM, Judge.

This case comes before the court after argument on defendant’s motion to dismiss pursuant to RCFC 12(b)(1) and (4) and cross-motions for summary judgment. With regard to the jurisdictional challenge, the primary issue is whether an express or implied-in-fact contract exists between the Farmers Home Administration (the “FmHA”) and borrowers who received guaranteed loans through the FmHA guaranteed loan program. Assuming the absence of an express or implied-in-fact contract, jurisdiction rests on whether a borrower under the FmHA guaranteed loan program qualifies as a…