Axion Corp. v. United States

OPINION

FIRESTONE, Judge.

This matter comes before the court on the parties’ cross-motions for partial summary judgment and the defendant’s partial motion to dismiss. In this ease, the plaintiff, Axion Corporation (“Axion”), has sued the United States (the “government”) challenging the termination for default of its $1,313,974.20 contract to provide PS-115 batteries (“batteries”). Axion seeks to convert the termination of the contract for default into a termination for convenience, claiming compensation under the contract in the amount of $3,'747,298.1 Based on many of the same theories, Axion…