Milmark Services, Inc. v. United States

This Contract Disputes Act of 1978 (cda)1 case comes to us on defendant’s motion for summary judgment. Plaintiff filed a direct access suit (41 U.S.C. § 609) in this court, seeking damages for defendant’s allegedly illegal termination of a service contract. Defendant requests that we dismiss the petition on two grounds: (1) the Office of the Comptroller of the Currency (occ or Comptroller) is a nonappropriated fund instrumentality which is immune from suit in this court; and (2) the contract was properly terminated for the convenience of the government, and plaintiff has been fully…