Mitkof Lumber Co. v. United States

OPINION

BRUGGINK, Judge.

Pending is defendant’s motion to dismiss count VIII of the complaint, as amended, or in the alternative, for summary judgment on that count. In count VIII, plaintiff claims that the Forest Service violated section 4 of the Federal Timber Contract Payment Modification Act (the “Modification Act”), 16 U.S.C. § 619 (1988) (“section 4”), and failed to provide the relief statutorily mandated thereby. The motion raises three questions in connection with the Modification Act: 1) whether section 4 reasonably can be construed as “money mandating”; 2) if it can, whether the…