Legal Opinion
Montiel v. United States
United States Court of Federal Claims
Decided January 6, 1998No. 97-258CPublishedCited by 3 opinions
1Opinion of the Court
OPINION
LYDON, Senior Judge.
This military pay case is before the court on defendant’s motion to dismiss, pursuant to RCFC 12(b)(4), for failure to state a claim upon which relief can be granted, and plaintiffs motion for leave to amend his complaint. Plaintiff seeks to recover monies offset by defendant against his award of back pay and allowances. Oral argument was heard on December 8,1997. For the reasons set forth below, the court grants defendant’s motion to dismiss, and denies plaintiffs motion for leave to amend the complaint.
FACTS
On May 11, 1988, plaintiff, Alexander G. Montiel, was…
2Cases cited16 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Foman v. DavisSupreme Court of the United States · 1962
- Karen S. Reynolds v. Army and Air Force Exchange ServiceCourt of Appeals for the Federal Circuit · 1988
- Victoria M. Voge v. United StatesCourt of Appeals for the Federal Circuit · 1988
- Edward Larry Dodson v. United States Government, Department of the ArmyCourt of Appeals for the Federal Circuit · 1993
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3Cited by3 opinions
- Metz v. United StatesUnited States Court of Federal Claims · 2004
- Parker v. United StatesUnited States Court of Federal Claims · 2006
- Francis v. Comm'rUnited States Tax Court · 2012