Inter-Coastal Xpress, Inc. v. United States

OPINION

FUTEY, Judge.

This case is before the court on defendant’s motion to dismiss for lack of subject matter jurisdiction. Plaintiff opposes defendant’s motion, and in the alternative has brought a motion for leave to amend its complaint. Plaintiff Inter-Coastal Xpress, Inc. entered into contracts with the Department of Defense (DOD), acting on behalf of the United States government (defendant), for the transportation of perishable foods. Plaintiff has brought suit in this court, alleging a breach of contract due to defendant’s failure to pay plaintiffs costs associated with delays caused by…