Wolf Creek Railroad LLC was unable to convince the US Court of Appeals for the Federal Circuit to reinstate its $3 million claim that the US Army breached a contract to operate a railway system at a Tennessee munitions plant.
The US Court of Federal Claims, which dismissed the suit, correctly determined that Wolf Creek lacked privity of contract with the Army, Judge Richard G. Taranto said Tuesday in a nonprecedential opinion to affirm.
Wolf Creek had an agreement with an Army contractor, not the Army, and a contract claim must be dismissed under the Tucker Act if a plaintiff ...