United Sales, Inc. v. United States

OPINION

HORN, Judge.

This case comes before the court on defendant’s motion for partial dismissal, filed pursuant to Rules 12(b)(1) and 12(h)(3) of the United States Court of Federal Claims.1 Plaintiff, United Sales, Inc., filed this suit pursuant to the Contract Disputes Act, 41 U.S.C. §§ 601-609 (1988 & Supp.1993) and the Tucker Act, 28 U.S.C. § 1491 (1988 & Supp.1993). The complaint alleges breach of contract and wrongful withholding of funds by the defendant. The plaintiff also has requested injunctive relief to preclude the defendant from an administrative offset and from the continued…