Blake Construction Co. v. United States

OPINION

SMITH, Chief Judge.

This matter came before the court on the Defendant’s Motion to Dismiss, or in the alternative, for Summary Judgment. This opinion follows the court’s oral ruling issued on February 5, 1987 and paragraph 1 of its February 10, 1987 order. The court issues this follow-up opinion because it believes the question is still of some relevance. The defendant bases its motion on the ground that this court lacks jurisdiction over the instant action. This is due to conduct by the plaintiff which the defendant asserts is a binding election to proceed before the Armed Services…