Hardwick Bros. Co., II v. United States

OPINION

ROBINSON, Judge:

This matter is before the court upon defendant’s Motion to Dismiss pursuant to Rules 12(b)(1) and 12(b)(3) for lack of juris*885diction upon the ground that under 28 U.S.C. § 1500 (1992), the court was divested of jurisdiction when plaintiff filed the same claim in another court on March 20, 1992. Plaintiff filed its response to the Motion to Dismiss and defendant replied to that response. The court held oral argument on the Motion on August 24, 1992. For the reasons which follow, the court will grant defendant’s Motion to Dismiss.

Background

This case arises from an express…