Bird & Sons, Inc. v. The United States

ON DEFENDANT’S MOTION TO DISMISS PETITION

COWEN, Chief Judge.

This case comes before the court on the defendant’s motion to dismiss on the grounds that plaintiff’s petition states claims sounding primarily in tort, and the court is thus without jurisdiction to grant relief; that, assuming plaintiff’s claims are cognizable by this court, the claims were redressable under the contract, and plaintiff failed to exhaust the administrative remedies provided for in the contract; and that by “electing” to pursue its remedies under the Foreign Claims Act [10 U.S.C. § 2734 (1964), as amended (Supp. IV,…