United States Court of Federal Claims October 29, 2007, No. 05-1205C (Nelson Construction Co. v. United States)

OPINION AND ORDER

SWEENEY, Judge.

Pending before the court are two motions by defendant: Motion to Dismiss Counts One and Two of Plaintiffs’ Amended Complaint, pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (“RCFC”), and Motion to Dismiss Count Three of Plaintiffs’ Amended Complaint, pursuant to RCFC 12(b)(1) and 12(b)(6).