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HIGHLAND FALLS-FORT MONTGOMERY SCHOOL DIST. v. U.S.

No. 94-5087.

48 F.3d 1166 (1995)

HIGHLAND FALLS-FORT MONTGOMERY CENTRAL SCHOOL DISTRICT, Dorothy Bavaro, Nancy Brown, Margaret Disalvo, Roxanne Donnery, Neal Kreitzer, Frank Wisniewski, and Mary Whiffen, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 15, 1995.

Attorney(s) appearing for the Case

Michael C. Eidens, Eidens & Dickson, Schenectady, NY, argued for plaintiffs-appellants. Also on the brief was Forrest B. Fordham, III, Butler, PA, of counsel.

Joan Mary Bernott, Sp. Litigation Counsel, Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for defendant-appellee. With her on the brief were Frank W. Hunger, Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief was Miriam Haverstock Whitney, Office of the General Counsel, U.S. Dept. of Educ., Washington, DC, of counsel.

Before RADER, Circuit Judge, SMITH, Senior Circuit Judge, and SCHALL, Circuit Judge.

SCHALL, Circuit Judge.

Appellants are the Highland Falls-Fort Montgomery Central School District in the State of New York (Highland Falls) and seven individuals who are members of the Highland Falls Board of Education, residents of the school district, and payers of real property taxes. They appeal the January 14, 1994 judgment of the United States Court of Federal Claims dismissing their complaint pursuant to Court of Federal Claims Rule 12(b)(4) for failure to state...

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