United States v. Ogden Technology Laboratories, Inc.

MEMORANDUM

BARTELS, District Judge.

Defendant, Ogden Technology Laboratories, Inc. (“Ogden”), moves to dismiss the first cause of action in the amended complaint of plaintiff Federal Government, based upon breach of contract, for failure to state a claim upon which relief can be granted, pursuant to F.R.Civ.P. Rule 12(b)(6). Defendant asserts that plaintiff cannot maintain this cause of action for breach of contract by Ogden because plaintiff was not in sufficient privity with defendant to subject defendant to liability.

Plaintiff alleges that through its agent, the Atomic Energy Commission, it…