H.H.O., Inc. v. United States

OPINION

YOCK, Judge.

This contract case is before the Court on the defendant’s motion for partial summary judgment to dismiss a portion of the plaintiff’s claim for lack of subject matter jurisdiction in accordance with RUSCC 12(b). In particular, the defendant asserts that the plaintiff, H.H.O., Inc., has brought a suit which partially lies in tort, rather than in contract, and thus such portion is not within the jurisdiction of this Court pursuant to the restrictions of the Tucker Act, 28 U.S.C. § 1491(a)(1).

As discussed below, this Court has determined that there are certain material facts…