Arizona Helicopters, Inc. v. United States

OPINION

LYDON, Judge:

This case comes before the court on defendant’s motion to dismiss plaintiffs’ complaint for lack of jurisdiction. Defendant’s motion is based on the contention that since plaintiffs have filed a claim in a United States District Court, which is still pending, this court is without jurisdiction to consider a similar claim filed later in this court. Defendant relies on 28 U.S.C. § 1500, as amended by Pub.L. No. 97-164, 96 Stat. 40 on April 2, 1982, in support of its motion. For reasons set forth below, it is determined that defendant’s motion must be denied. However, it is…