Legal Opinion
Earl v. United States
United States Court of Federal Claims
Decided October 30, 1992No. 91-1624CPublishedCited by 2 opinions
1Opinion of the Court
ORDER
MOODY R. TIDWELL, III, Judge:
This case is before the court on defendant’s motion to dismiss under RUSCC 12(b)(4) or, in the alternative, for summary judgment under RUSCC 56. Because materials outside the pleadings were presented, the court will treat defendant’s motion as a motion for summary judgment. See RUSCC 12(b)(4). Discovery as requested by Plaintiff is deemed unnecessary. For the reasons stated below, the court grants defendant’s motion.
FACTS
Plaintiff, Robert F. Earl, was a member of the United States Air Force. On May 17, 1990, during his final term with the Air Force, plaintiff…
2Cases cited13 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Mingus Constructors, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1987
- Litton Industrial Products, Inc., Appellant/cross-Appellee v. Solid State Systems Corp., Appellee/cross-AppellantCourt of Appeals for the Federal Circuit · 1985
- The D.L. Auld Company v. Chroma Graphics Corp.Court of Appeals for the Federal Circuit · 1983
- United States v. HowardUnited States Court of Military Appeals · 1985
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3Cited by2 opinions
- United States v. ButlerCourt of Appeals for the Fifth Circuit · 2011
- Wilkinson v. United StatesUnited States Court of Federal Claims · 1992