Norby Lumber Co. v. United States

ORDER

MILLER, Judge.

This case is before the court after briefing on defendant’s motion for partial dismissal of Counts I-III of plaintiffs complaint for lack of subject matter jurisdiction. Argument is deemed unnecessary.

FACTS

The following facts are drawn from the complaint. The United States Forest Service, Department of Agriculture (the “Forest Service”) awarded the Path timber sale contract to Norby Lumber Company (“plaintiff”) on November 29, 1993. The contract involved the harvest and sale of 2,060 thousand board feet of merchantable timber, plus significant volumes of lodgepole pine and…