Silver Buckle Mines, Inc. v. United States

RCFC 12(b)(6) motion to dismiss; Bureau of Land Management; 30 U.S.C. § 28f; unpatented mining claim maintenance fee; statutory interpretation; plain meaning; not ambiguous; no absurd result; IOAA, 31 U.S.C. § 9701(b); voluntary payment as affirmative defense

MEMORANDUM ORDER AND OPINION

WOLSKI, Judge.

The matter before the court is defendant’s motion to dismiss this case for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) of the Rules of the United States Court of Federal Claims (RCFC). For the reasons discussed below, defendant’s motion is DENIED.

I.…