California ex rel. Department of Transportation v. United States

OPINION

HORN, Judge.

BACKGROUND

This case is before the court on cross-motions by the parties for summary judgment. Plaintiff, State of California, acting by and through the California Department of Transportation, brought this action pursuant to the Tucker Act, 28 U.S.C. § 1491 (1982). The jurisdiction of this court is uncontested by the parties.

In the original complaint filed with the court, plaintiff requested both money damages and declaratory relief. Plaintiff asserts a claim for damages arising from the government’s alleged breach of a contract (referred to as the Project Agreement) which…