Commodities Recovery Corp. v. United States

OPINION

HORN, Judge.

This case comes before the court on cross-motions for summary judgment. The action arises following a government auction of abandoned property conducted under the authority of the United States Customs Service (“Customs”). Plaintiff, Commodities Recovery Corporation (“CRC”), alleges that the United States breached a contract formed at the auction by failing to deliver merchandise successfully bid upon and paid for by CRC. Plaintiff further contends that due to the government’s breach, plaintiff lost the benefit of its bargain, having previously contracted to resell the…