Bio-Medical Applications of Aquadilla, Inc. v. United States

Underpayment Claim; Money-Mandating Regulation; 38 C.F.R. § 17.56 (2008); RCFC 12(b)(1); RCFC 12(b)(6).

OPINION

BUSH, Senior Judge.

The court has before it defendant’s motion to dismiss this suit, which was brought pursuant to Rules 12(b)(1) and 12(b)(6) of the Rules of the United States Court of Federal Claims (RCFC). Defendant’s motion was filed May 5, 2014 and has been fully briefed, including sur-replies and extensive appendices. Oral argument was neither requested by the parties nor deemed necessary by the court. For the reasons set forth below, defendant’s motion is denied.

BACKGROUND 1

This…