Mark Smith Construction Co. v. United States

OPINION

REGINALD W. GIBSON, Judge:

I. Preliminary Matters

This case is before the court on Defendant’s Motion for Summary Judgment and plaintiff’s opposition thereto. The premise of defendant’s motion is that this court lacks jurisdiction to hear this case. Because of that assertion, ie., the dispositive issues are jurisdictional, we believe that this case must be resolved by appropriately treating defendant’s summary judgment motion (RUSCC 56) as one pursuant to RUSCC 12(b)(1), ie., a motion to dismiss for lack of subject matter jurisdiction. Lack of subject matter jurisdiction is a matter in…