Essen Mall Properties v. United States

*432OPINION

LYDON, Senior Judge:

This government contract case is before the court on the government’s motion to dismiss plaintiff’s complaint for failure to state a claim upon which relief can be granted, for lack of subject matter jurisdiction and, alternatively, for summary judgment. Plaintiff opposes this motion on the basis that a valid and binding contract exists between the parties. The issue in this case is whether a contract, express or implied-in-fact, came into being as a result of negotiations between plaintiff and the Postal Service relative to the lease of space for use as a postal…