Shook v. United States

OPINION

HORN, Judge.

This case is before the court on defendant’s Motion to Dismiss for lack of subject matter jurisdiction, pursuant to Rule 12(b) of the Rules of the United States Claims Court (RUSCC), or in the alternative, for Summary Judgment, pursuant to RUSCC 56(b). Defendant contends that this court lacks jurisdiction over plaintiff’s claim because the claim was not submitted for a final decision by the contracting officer pri- or to filing the complaint in this court, in accordance with the requirements of the Contracts Disputes Act of 1978 (CDA), 41 U.S.C. §§ 601-613 (1988).

Plaintiff,…