Legal Opinion
Burnside-Ott Aviation Training Center, Inc. v. United States
United States Court of Claims
Decided November 27, 1991No. 90-3880CPublishedCited by 6 opinions
1Opinion of the Court
AMENDED ORDER
MOODY R. TIDWELL, III, Judge.
This case is before the court on defendant’s motion to dismiss the complaint under RUSCC 12(b)(1) for lack of subject matter jurisdiction, and under RUSCC 12(b)(4) for failure to state a claim upon which relief can be granted. For the reasons stated below the court will consider Counts IV and V under defendants RUSCC 12(b)(4) motion as a motion for summary judgment because the 12(b)(4) motion was presented with matters outside of the pleadings and not excluded by the court. See RUSCC 56.1
FACTS
On January 19, 1981, the Navy solicited proposals for a…
2Cases cited37 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Scheuer v. RhodesSupreme Court of the United States · 1974
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3Cited by6 opinions
- Burnside-Ott Aviation Training Center, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1993
- United International Investigative Services v. United StatesUnited States Court of Claims · 1992
- Skytech Aero, Inc. v. United StatesUnited States Court of Claims · 1992
- Aleman Food Services, Inc. v. United StatesUnited States Court of Claims · 1992
- Shore v. United StatesUnited States Court of Claims · 1992
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