bell/heery v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
Opinion for the court filed by Circuit Judge REYNA.
Dissenting opinion filed by Circuit Judge MAYER.
REYNA, Circuit Judge.
Bell/Heery, a Joint Venture (“BH”), appeals from the decision of the United States Court of Federal Claims dismissing its complaint for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) of the Rules of United States Court of Federal Claims (“RCFC”). See Bell/Heery v. United States, 106 Fed. Cl. 300 (2012) (“CFC Decision”). Because BH has failed to set forth facts sufficient to state a viable claim for the requested relief under the theories…
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