Estes Express Lines v. United States

Contract case; Motion to dismiss under RCFC 12(b)(1) and 12(b)(6); Standard of review; Subcontractor lacked privity of contract with the United States; Contractor was not agent of Federal agency; 49 U.S.C. § 13706; Case dismissed for lack of jurisdiction.

OPINION

ALLEGRA, Judge.

This contract case is before the court on defendant’s motion to dismiss the complaint pursuant to RCFC 12(b)(1) or, alternatively, RCFC 12(b)(6). The plaintiff, Estes Express Lines, Inc. (Estes Express or plaintiff), an interstate motor carrier, claims that an arm of the United States Department of Defense breached…