L.E. Cooke Corp. v. United States
United States Court of Federal Claims
1Opinion of the Court
OPINION and ORDER
TURNER, Judge.
This opinion addresses defendant’s motion filed November 30, 1992 to dismiss the complaint for lack of jurisdiction or for failure to state a claim upon which relief can be granted. In the alternative, defendant seeks summary judgment. We conclude that defendant’s motion should be denied.
I
Plaintiff is an Ohio corporation holding 55 leases entitling it to prospect and mine for coal on over 5,000 acres in Lawrence County, Kentucky. The U.S. Army Corps of Engineers has for some time been acquiring property in Lawrence County for a flood control system known as the…
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