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MOTOROLA, INC. v. U.S.

No. 93-5052.

988 F.2d 113 (1993)

MOTOROLA, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 3, 1993.

Attorney(s) appearing for the Case

Robert D. Wallick, Steptoe & Johnson, Washington, DC, argued for plaintiff-appellant. With him on the brief were Peter L. Wellington and Scott E. Ransick.

Geoffrey C. Cook, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for defendant-appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., and David M. Cohen, Director.

Franklin D. Kramer, Shea & Gardner, Washington, DC, argued for amicus curiae, Rockwell Intern. Corp. With him on the brief was Richard A. Nagareda. Of counsel was Kenneth F. Sparks.

John S. Pachter, Jonathan D. Shaffer and Carl T. Hahn, Smith, Pachter, McWhorter & D'Ambrosio, Vienna, VA, were on the brief for amicus curiae, Magellan Corp.

Before NEWMAN, ARCHER and CLEVENGER, Circuit Judges.

PER CURIAM.

Motorola, Inc. appeals the order of the United States Court of Federal Claims dismissing its complaint for failure to state a claim upon which relief can be granted. Motorola, Inc. v. United States, No. 92-799C (Ct.Fed.Cl. Dec. 23, 1992).

Motorola's suit is based on an alleged implied in fact contract with the United States. Ordinarily a bid is required to establish that a pre-award implied in fact contract exists. As the Court of Federal...

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