United States Federal Circuit

Dismissal of plaintiff-federal motor carrier's complaint seeking to recover from the government and a third party contractor, freight charges incurred by Marine Corps Community Services (MCCS), is reversed and remanded, where: 1) the undisputed facts are sufficient to establish that the government is a party to the bills of lading not only as the "bill to" party, but also as the shipper at least in those instances in which goods were moved from one government location to another; 2) the bills of lading are sufficient to meet plaintiff's burden to show privity with the government; and thus, 3) the Court of Federal Claims erred in concluding that it lacked subject matter jurisdiction.

Appellate Information

• Decided 01/03/2014
• Published 01/03/2014

Judges

• REYNA

Court

• United States Federal Circuit

Counsel