Fidelity & Deposit Co. of Maryland v. United States

OPINION

I

WIESE, Judge.

Plaintiff is a surety that had filed an earlier suit in this court contesting the Government’s default termination of a construction contract on which plaintiff was secondarily liable under a performance bond. That suit was dismissed for lack of jurisdiction, the gist of the ruling being that, in the absence of any payment on the performance bond or the expenditure of any funds pursuant to a *542“takeover” agreement with the Government, plaintiff could, neither claim the status of a subrogee nor assert any contractual right of its own; hence, there was no contract basis upon…