Meyers v. United States

OPINION

BUSH, Judge.

Now pending before the court is defendant’s motion to dismiss, which has been fully briefed and is ripe for a decision by the court. Because this court lacks jurisdiction over Counts I and II of plaintiffs’ complaint, those counts must be dismissed pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (RCFC). With respect to Count III of the complaint, the court holds that plaintiffs have failed to state a claim upon which relief can be granted. Accordingly, Count III of the complaint must be dismissed pursuant to RCFC 12(b)(6). For those…