Southern Foods, Inc. v. United States and U.S. Foodservice, Inc., Fed. Cl. No. 07-210C

Plaintiff's Memorandum in Response to Motion to Dismiss for Lack of Subject-Matter Jurisdiction

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This case arose from a challenge, a Post-Award Procurement Protest, to the selection of a successor food service Contractor for Army Morale, Welfare and Recreation (MWR) programs at Fort Campbell and at Fort Knox. MWR programs are typically funded out of patron revenues, not appropriated funds. Except in very limited circumstances, the Federal Courts do not have jurisdiction over Claims arising out of activities conducted with nonapproriated funds. This memorandum argues for Federal jurisdiction.

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Published In: Administrative Agency Updates, Civil Procedure Updates, Military Updates

Reference Info:Legal Memoranda: Pre-Trial Motions | Federal, Federal Circuit, Claims Court | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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Cyrus E. Phillips IV
Albo & Oblon, L.L.P.

My practice is specialized in gov­ern­ment con­tracts and pub­lic pro­cure­ment, con­struc­tion law,... View Profile »


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