Legal Opinion

Ware v. United States

United States Court of Federal Claims

Decided September 25, 2003No. 03-866-LPublishedCited by 27 opinions

1Opinion of the Court

OPINION AND ORDER

LETTOW, Judge.

In this case, plaintiff, Mr. Ware (“Ware”), seeks just compensation and other relief for an alleged taking by the Department of the Interior (“Interior”) of mining claims Ware had filed under the Mining Law of 1872, 30 U.S.C. §§ 21-54. Before the Court is Defendant’s Motion to Dismiss for lack of subject matter jurisdiction pursuant to Rules of the Court of Federal Claims (“RCFC”) 12(b)(1) or, in the alternative, for failure to state a claim upon which relief can be granted pursuant to RCFC 12(b)(6). In the complaint dated April 30, 2003, as subsequently amended…

2Cases cited35 opinions

  1. Haines v. KernerSupreme Court of the United States · 1972
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  4. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  5. Davis Ex Rel. LaShonda D. v. Monroe County Board of EducationSupreme Court of the United States · 1999

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3Cited by27 opinions

  1. Tennessee Valley Authority v. United StatesUnited States Court of Federal Claims · 2004
  2. Jeun v. United StatesUnited States Court of Federal Claims · 2016
  3. Wolfchild v. United StatesUnited States Court of Federal Claims · 2004
  4. United Partition Systems, Inc. v. United StatesUnited States Court of Federal Claims · 2004
  5. Calvin v. United StatesUnited States Court of Federal Claims · 2005

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