Legal Opinion

BMR Gold Corp. v. United States

United States Court of Federal Claims

Decided June 30, 1998No. 97-274 LPublishedCited by 22 opinions

1Opinion of the Court

ORDER

TIDWELL, Senior Judge.

This case is before the court on defendant’s motion to dismiss pursuant to RCFC 12(b)(1) and (4) for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted. In support of its motion, defendant advances three alternative arguments: (1) that plaintiffs takings claim is barred by the six-year statute of limitations and is therefore outside of this court’s jurisdiction; (2) that plaintiffs claim falls outside of this court’s jurisdiction because it sounds in tort; and (3) that a portion of plaintiffs takings claim must be…

2Cases cited22 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Karen S. Reynolds v. Army and Air Force Exchange ServiceCourt of Appeals for the Federal Circuit · 1988
  4. Soriano v. United StatesSupreme Court of the United States · 1957
  5. Gerald Alan Brown, and Charles v. Darnell v. United StatesCourt of Appeals for the Federal Circuit · 1997

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

3Cited by22 opinions

  1. Ridge Line, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2003
  2. Hansen v. United StatesUnited States Court of Federal Claims · 2005
  3. Brace v. United StatesUnited States Court of Federal Claims · 2006
  4. Drury v. United StatesUnited States Court of Federal Claims · 2002
  5. Textainer Equipment Management Ltd. v. United StatesUnited States Court of Federal Claims · 2011

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

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