United States Federal Circuit

Dismissal of a complaint was proper where plaintiffs failed to allege any set of facts which if true would establish privity of contract with the government, an implied-in-fact contract with the government, or that they were third-party beneficiaries of a contract with the government.

Appellate Information

• Decided 12/19/2002
• Published 12/19/2002

Judges

• PROST, Circuit Judge., Before NEWMAN, MICHEL, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John O. Touhy, of Chicago, IL, argued for plaintiffs-appellants.


• For Appellees:
  
• William G. Kanellis, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Stuart E. Schiffer, Deputy Assistant Attorney General;  David M. Cohen, Director;  Jeanne E. Davidson, Deputy Director;  and Gary J. Dernelle, Trial Attorney.