Nicholson v. United States

OPINION

YOCK, Judge.

This contract case comes before this Court on defendant’s motion to dismiss and for summary judgment. The plaintiff’s complaint is aimed primarily at obtaining declaratory and injunctive relief against the Government (SBA) to keep it from foreclosing on real property pledged as collateral on a SBA contract that was in default. Secondarily, the plaintiff’s complaint requests damages against a private third party for alleged breach of contract and against the Government for alleged breach of contract. Since the Government is correct that this Court has no general equitable…