Legal Opinion
Moden v. United States
Court of Appeals for the Federal Circuit
Decided April 15, 2005No. 2004-5092PublishedCited by 221 opinions
1Opinion of the Court
PROST, Circuit Judge.
Donald and Barbara Moden appeal the dismissal of their case by the United States Court of Federal Claims for lack of subject matter jurisdiction. ,See Moden v. United States, 60 Fed. Cl. 275 (2004). For the reasons stated herein, we treat the dismissal as a grant of summary judgment. Because the Modens fail to raise a genuine issue of material fact with respect to at least one element of their claim, we affirm the grant of summary judgment.
BACKGROUND
A. Factual Background
The Modens own a ranch located about five miles east of Ellsworth Air Force Base (EAFB) and near the…
2Cases cited29 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- United States v. MitchellSupreme Court of the United States · 1983
- Fisher v. United StatesCourt of Appeals for the Federal Circuit · 2005
- Oneida Indian Nation v. County of OneidaSupreme Court of the United States · 1974
- City of Monterey v. Del Monte Dunes at Monterey, Ltd.Supreme Court of the United States · 1999
24 more not listed; retrieve them via the Exa API.
3Cited by221 opinions
- Jan's Helicopter Service, Inc. v. Federal Aviation AdministrationCourt of Appeals for the Federal Circuit · 2008
- Cary v. United StatesCourt of Appeals for the Federal Circuit · 2009
- Engage Learning, Inc. v. SalazarCourt of Appeals for the Federal Circuit · 2011
- State ex rel. Doner v. ZodyOhio Supreme Court · 2011
- Lengen v. United StatesUnited States Court of Federal Claims · 2011
216 more not listed; retrieve them via the Exa API.