Legal Opinion

Benchmark Resources Corp. v. United States

United States Court of Federal Claims

Decided March 17, 2005No. 03-178LPublishedCited by 4 opinions

1Opinion of the Court

OPINION

CHRISTINE ODELL COOK MILLER, Judge.

This ease is before the court after transfer subsequent to completed briefing on defendant’s motion to dismiss for lack of subject matter jurisdiction pursuant to RCFC 12(b)(1). Defendant asserts that the property owners’ claims are time-barred by 28 U.S.C. § 2501 (2000), for failure to file a complaint within the six-year statute of limitations. Argument has been held.

FACTS

As defendant’s motion to dismiss challenges the truth of the jurisdictional facts asserted in the complaint, the following facts are drawn from the parties’ pleadings and…

2Cases cited22 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  4. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  5. Karen S. Reynolds v. Army and Air Force Exchange ServiceCourt of Appeals for the Federal Circuit · 1988

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

3Cited by4 opinions

  1. Petro-Hunt, L.L.C. v. United StatesUnited States Court of Federal Claims · 2009
  2. Benchmark Resources Corp. v. United StatesUnited States Court of Federal Claims · 2006
  3. Ellis v. City of MontgomeryDistrict Court, M.D. Alabama · 2006
  4. Etchegoinberry v. United StatesUnited States Court of Federal Claims · 2023

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