Legal Opinion

Trauma Service Group, Ltd. v. United States

United States Court of Federal Claims

Decided May 5, 1995No. 94-547CPublishedCited by 29 opinions

1Opinion of the Court

ORDER

WEINSTEIN, Judge.

Defendant has moved to dismiss the complaint for lack of subject-matter jurisdiction, under RCFC 12(b)(1), or for failure to state a claim, RCFC 12(b)(4). In the alternative, defendant moves for summary judgment.

The grounds alleged for allowing each of defendant’s motions are essentially the same — that the Department of Defense’s partnership agreement with plaintiff Trauma Service Group, Ltd. (TSG), pursuant to 10 U.S.C. § 1096, was not, as plaintiff claims, a binding contract to pay the salary of an x-ray technician employed by plaintiff.

For purposes of deciding the…

2Cases cited38 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Bell v. HoodSupreme Court of the United States · 1946
  4. United States v. MitchellSupreme Court of the United States · 1983
  5. Brown Shoe Co. v. United StatesSupreme Court of the United States · 1962

33 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Trauma Service Group v. United StatesCourt of Appeals for the Federal Circuit · 1997
  2. Total Medical Management, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1997
  3. United States v. President and Fellows of Harvard CollegeDistrict Court, D. Massachusetts · 2004
  4. Westmoreland Human Opportunities, Inc. v. James R. Walsh, Trustee of the Bankruptcy Estate of Life Service Systems, Inc. Life Service Systems, IncCourt of Appeals for the Third Circuit · 2001
  5. Thermalon Industries, Ltd. v. United StatesUnited States Court of Federal Claims · 1995

24 more not listed; retrieve them via the Exa API.

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