Barnett Ex Rel. South Carolina Peach Council v. United States

ORDER

HEMPHILL, District Judge.

Defendant moves for an order dismissing this action on the grounds that the court lacks (1) jurisdiction over the subject matter, (2) that complaint fails to state a claim upon which relief can be granted, (3) plaintiff has no contract with defendant and (4) the suit is barred by the doctrine of sovereign immunity. In the alternative defendant moves for summary judgment under Rule 56(b), 1 Federal Rules of Civil Procedure. Plaintiff, alleging his action as one ex contractu under the Tucker Act, 2 insists that on or about May 12, 1971, defendant, through agents in…