Johnson Controls World Services, Inc. v. United States

OPINION

MILLER, Judge.

This matter is under consideration for the third time as part of a continuing series of motions by plaintiff to dismiss government counterclaims for pension plan surpluses and related amounts. In its motion to dismiss, plaintiff challenges the court’s jurisdiction over the Government’s claims against plaintiff because plaintiff is not the “contractor” as defined by the Contract Disputes Act of 1978, 41 U.S.C.A. §§ 601-613 (West 1987 & Supp.1999), or, in the alternative, because the subject contract was never assigned or transferred to plaintiffs predecessor in interest…