Boeing Co. v. United States

OPINION AND ORDER

ROBINSON, Judge:

This matter is before the court on defendant’s motion to dismiss for lack of subject matter jurisdiction pursuant to RUSCC 12(b)(1), and defendant’s opposition to plaintiff's filing of a first amended complaint. Plaintiff, The Boeing Company (Boeing), seeks to retain $605,424,954.50 in progress payments paid by defendant prior to the partial termination for default of Contract No. F19628-85-C-0046 (contract), and various other payments allegedly due under the contract. Alternatively, plaintiff seeks a judgment converting the termination into one for…