United States Court of Federal Claims November 3, 1999, No. 99-71 C (Lyons v. United States)

ORDER

MOODY R. TIDWELL, III, Senior Judge.

This case is before the court on defendant’s motion to dismiss for failure to state a claim upon which relief can be granted, filed pursuant to Rule 12(b)(4) of the Rules of the Court of Federal Claims. Plaintiff, a military retiree, brought the underlying civilian action pursuant to 37 U.S.C. § 204(a)(1), 28 U.S.C.