Raines v. United States

DEFENDANT’S MOTION TO DISMISS OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT

SETO, Judge.

This action comes before the court on defendant’s motion to dismiss for lack of jurisdiction, or in the alternative, for summary judgment. Plaintiffs claim breach of a payment-in-kind (PIK) contract and seek relief in the form of wheat, diversion payments, treatment and storage costs, and damages that resulted from the alleged breach. This motion raises three issues: (1) whether plaintiffs’ claim seeks injunc-tive relief and therefore is outside our jurisdiction; (2) whether judicial review has been precluded…