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Sommers Oil Company v. United States

The court held that the Court of Federal Claims Court erred in dismissing contract and takings claims by an oil company seeking to recover funds seized by the United States for failure to state a claim upon which relief could be granted, and reversed and remanded the case.

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Appealed from: United States Court of Federal Claims

Judge Christine O.C. Miller

Sommers Oil Company (“Sommers”) contends that agents of the United States seized and retained $41,000 in cash that belonged to Sommers. After unsuccessfully attempting to obtain the funds through administrative channels, Sommers filed suit in the United States Court of Federal Claims, arguing that it was entitled to the money on four legal theories, set forth in a four-count complaint. The Court of Federal Claims denied relief. The court dismissed two of the counts of Sommers’ complaint for failure to state a claim on which relief could be granted. The court held that it did not have jurisdiction over the other two counts, and it transferred those claims to a United States District Court. Sommers has appealed the court’s order with respect to the two counts of the complaint that the court dismissed for failure to state a claim. We reverse and remand for further proceedings.

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