New Hampshire Flight Procurement, LLC v. United States

Motion to Dismiss; Third-Party Beneficiary; Privity of Contract.

OPINION

HORN, J.

Plaintiff, New Hampshire Flight Procurement, LLC (New Hampshire) brings this action against the United States related to the National Aeronautics and Space Administration’s (NASA’s) alleged failure to pay plaintiff for the use of, and damage to, plaintiffs Gulfstream II airplane. Plaintiff, New Hampshire, alleges that as a subcontractor, it leased a Gulfstream airplane to Flight Test Associates, the prime contractor, which then used the airplane in a government contract between Flight Test Associates and NASA for…