Levy v. United States

OPINION

BRUGGINK, Judge.

This case comes before the court on defendant’s Motion To Dismiss Plaintiffs’ Complaint for lack of jurisdiction and failure to state a claim upon which relief can be granted. For the reasons set forth below, the court finds that it has jurisdiction over the action, but that partial summary judgment must be granted against plaintiffs because, with respect to their first claim, no material facts are in dispute and they have failed to set forth a claim entitling them to relief.

FACTS

Pursuant to a March 22, 1985 Order for Interlocutory Sale entered by the United States…