11 December 2024
UNITED STATES COURT OF FEDERAL CLAIMS
DEFENDENT’S Motion to Dismiss is DENIED
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OPINION AND ORDER
Plaintiff Orville Nix, Jr., seeks just compensation under the Fifth Amendment
for an alleged taking of property: namely, a long-missing film of the assassination of
President John F. Kennedy. Am. Compl. (ECF 39). The government moved to dismiss,
arguing that Plaintiff has failed to plead facts sufficient to state a takings claim
within this Court’s statute of limitations. Those arguments fail — at least at the
pleadings stage — so the motion to dismiss is DENIED.
READ the full FOR PUBLICATION decision issued by Judge Steven S. Schwartz by clicking HERE: REPORTED OPINION AND ORDER denying [9] Motion to Dismiss – Rule 12(b)(6) filed by USA. Signed by
LISTEN to DOUG CAMPBELL’S interview with Orville Nix’s granddaughter, GAYLE NIX JACKSON on THE DALLAS ACTION podcast by clicking HERE.
