Hannon v. United States

OPINION

HORN, Judge.

The above captioned cases come before the court on the defendant’s renewed motion for partial dismissal for lack of jurisdiction and/or failure to state a claim upon which *17relief can be granted pursuant to Rules 12(b)(1) and 12(b)(4) of the Rules of the United States Court of Federal Claims (RCFC). In the motion, the defendant’s primary arguments are that the claims of the plaintiffs in these cases fall within the exclusive jurisdiction of the Merit Systems Protection Board (MSPB),1 and that the plaintiffs have failed to exhaust available administrative remedies. The…