Scott Aviation v. The United States

RADER, Circuit Judge.

Scott Aviation (Scott), appeals the November 8, 1990 Order of the United States Claims Court dismissing its complaint with prejudice. Scott Aviation v. United States, 21 Cl.Ct. 782 (1990). Because Scott’s complaint in effect requests a declaratory judgment, the Claims Court lacks subject matter jurisdiction. In the absence of jurisdiction, the Claims Court erred in dismissing the complaint with prejudice. Therefore, this court vacates the Claims Court Order and remands with instructions to dismiss without prejudice.

I

In June 1987, the United States Army awarded a contract…