United States Court of Federal Claims September 1, 2004, No. 03-1874 C (Arakaki v. United States)

OPINION

HEWITT, Judge.

This case is before the court on defendant’s motion to dismiss for lack of subject matter jurisdiction or, in the alternative, for failure to state a claim upon which relief may be granted, pursuant to Rules 12(b)(1) and 12(b)(6) of the Rules of the United States Court of Federal Claims (RCFC).