New Valley Corp. v. United States

OPINION

WIESE, Judge.

In this action, plaintiff, New Valley Corporation, seeks to recover damages allegedly resulting from the National Aeronautics and Space Administration’s (“NASA”) breach of a “best efforts” contract to launch into earth orbit plaintiffs Westar VI-S communications satellite. The ease is currently before the court following a trial held from July 26-29 and August 2, 2004, to determine whether, absent the breach, plaintiff would have been ready, willing, and able to proceed with performance under the contract on the January 19, 1990, stipulated launch date.1 For the reasons…