Yokum v. United States

ORDER ON DEFENDANT’S MOTION TO DISMISS

WHITE, Senior Judge.

This is the second dispositive motion to be considered by the court in the present case.

The complaint sets out claims against the Government in two separate counts. Count I was disposed of by the court on a motion for summary judgment filed by the defendant.1 2The court granted the motion as to Count I, and directed that Count I be dismissed after the conclusion of the proceedings relative to Count II. See Yokum v. United States, 9 Cl.Ct. 602 (1986).

Count I alleged that the defendant, without paying just compensation to the plaintiffs,…