Robert A. Athey v. the United States 9

5 U.S.C. § 5596, The Back Pay Act; 5 U.S.C. §§ 5551-5552, lump-sum payment statutes; RCFC 12(b)(1), RCFC 12(b)(6); Wallace v. Office of Personnel Management, 283 F.3d 1360 (Fed.Cir.2002); Muniz v. United States, 972 F.2d 1304 (Fed.Cir.1992)

OPINION AND ORDER

SMITH, Senior Judge.

Before the Court is Defendant’s Motion to Dismiss pursuant to 12(b)(1) and 12(b)(6) of the Rules of the Court of Federal Claims (“RCFC”) for lack of subject matter jurisdiction and in the alternative, for failure to state a claim upon which relief can be granted. Plaintiffs, former employees of the Department of Veterans…