RCS Enterprises, Inc. v. United States

OPINION

MILLER, Judge.

This case is before the court after argument on defendant’s motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief can *511be granted pursuant to RCFC 12(b)(1), (4). Plaintiffs suit seeks damages pursuant to its contract with the United States Army to audit the telephone system on a military base. The issues to be decided are whether the contract allows plaintiffs claim for a percentage of identified overbillings; whether plaintiffs claim for breach of contract damages resulting from government interference with contract…