Legal Opinion
Esch v. United States
United States Court of Federal Claims
Decided June 28, 2001No. 00-529CPublishedCited by 4 opinions
1Opinion of the Court
ORDER
TIDWELL, Senior Judge.
This matter is before the court on defendant’s RCFC 12(b)(1) motion to dismiss pursuant to 28 U.S.C. § 1500 (2000). Although the Court of Federal Claims has jurisdiction over plaintiffs’ breach of contract claim, pursuant to 28 U.S.C. § 1491(a) (2000), plaintiffs have failed to state a claim upon which relief may be granted. Accordingly, the court treats defendant’s RCFC 12(b)(1) motion to dismiss for lack of subject matter jurisdiction as a RCFC 12(b)(4) motion to dismiss for *632failure to state a claim upon which relief may be granted. For the reasons set forth…
2Cases cited8 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Loveladies Harbor, Inc. And Loveladies Harbor, Unit D, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1994
- Felix E. Perez v. United StatesCourt of Appeals for the Federal Circuit · 1998
- Joseph T. Ponder and Judy Ponder v. United StatesCourt of Appeals for the Federal Circuit · 1997
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3Cited by4 opinions
- Kellogg Brown & Root Services, Inc. v. United StatesUnited States Court of Federal Claims · 2014
- Amsinger v. United StatesUnited States Court of Federal Claims · 2011
- Ground Improvement Techniques, Inc. v. United StatesUnited States Court of Federal Claims · 2012
- Esch v. United StatesUnited States Court of Federal Claims · 2007