Legal Opinion

Thermalon Industries, Ltd. v. United States

United States Court of Federal Claims

Decided November 6, 1995No. 94-1078CPublishedCited by 41 opinions

1Opinion of the Court

OPINION

ANDEWELT, Judge.

I

In this government contract action, plaintiff, Thermalon Industries, Ltd., seeks breach of contract damages in the amount of $298,-792 in connection with its work under a research grant from the National Science Foundation (NSF). This action is before the court on defendant’s motion to dismiss the complaint pursuant to RCFC 12(b)(1) and 12(b)(4). Defendant contends that the grant in issue is properly characterized as an agreement intended to effectuate the sovereign obligations of the United States and that all such agreements necessarily fall outside the scope of this…

2Cases cited17 opinions

  1. Karen S. Reynolds v. Army and Air Force Exchange ServiceCourt of Appeals for the Federal Circuit · 1988
  2. City of El Centro v. The United StatesCourt of Appeals for the Federal Circuit · 1990
  3. Kania v. United StatesUnited States Court of Claims · 1981
  4. Horowitz v. United StatesSupreme Court of the United States · 1925
  5. Atlas Corp. v. United StatesCourt of Appeals for the Federal Circuit · 1990

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3Cited by41 opinions

  1. Trauma Service Group v. United StatesCourt of Appeals for the Federal Circuit · 1997
  2. Total Medical Management, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1997
  3. Roy v. United StatesUnited States Court of Federal Claims · 1997
  4. McCauley v. StatesUnited States Court of Federal Claims · 1997
  5. Westmoreland Human Opportunities, Inc. v. James R. Walsh, Trustee of the Bankruptcy Estate of Life Service Systems, Inc. Life Service Systems, IncCourt of Appeals for the Third Circuit · 2001

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