Legal Opinion

Ward v. United States

United States Court of Claims

Decided August 26, 1992No. 97-87CPublished

1Opinion of the Court

OPINION

HORN, Judge.

This case is before the court on defendant’s motion to dismiss for lack of subject matter jurisdiction, pursuant to rule 12(b)(1) of the rules of the United States Claims Court (RUSCC). Attempting to invoke the Tucker Act jurisdiction of the court, 28 U.S.C. § 1491 (1988), the plaintiff challenges his decertification as an Aerospace Education Instructor, and asks this court to issue an order directing the correction of his military records and the removal of any references to his decertification, so that he may continue to be eligible for such service in the future. In…

2Cases cited19 opinions

  1. Scheuer v. RhodesSupreme Court of the United States · 1974
  2. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  3. United States v. TestanSupreme Court of the United States · 1976
  4. Eastport Steamship Corporation v. The United StatesUnited States Court of Claims · 1967
  5. United States v. FaustoSupreme Court of the United States · 1988

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