American Satellite Co. v. United States

OPINION

BRUGGINK, Judge.

Plaintiff, American Satellite Company, contends that the National Aeronautics and Space Administration (“NASA”) was contractually bound to launch one of its satellites on the Shuttle, and that the actions of the President in the wake of the loss of the Shuttle Challenger unilaterally abrogated those rights in favor of other Shuttle customers. As a result, it claims that the United States is liable to it, either for breach of contract or for a constitutional taking, for the cost of reprocurement on a private launch vehicle, approximately $70 million. The case is before…