United States Court of Claims June 10, 1992, No. 90-92L (Fixel v. United States)

OPINION

YOCK, Judge.

This takings case is before the Court on the defendant’s motion to dismiss for failure to state a claim upon which relief may be granted, pursuant to Rule 12(b)(4), Rules of the United States Claims Court (RUSCC). For the reasons stated herein, the defendant’s motion is granted, and the plaintiff’s complaint will be dismissed.

FACTS

The facts in this case are not in dispute.