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MAHER v. U.S.

No. 01-5076.

314 F.3d 600 (2002)

Jerome A. MAHER and John R. Gravee, Plaintiffs-Appellants, v. UNITED STATES, Defendant Appellee.

United States Court of Appeals, Federal Circuit.

December 19, 2002.

Attorney(s) appearing for the Case

John O. Touhy, of Chicago, IL, argued for plaintiffs-appellants.

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.

Before NEWMAN, MICHEL, and PROST, Circuit Judges.

PROST, Circuit Judge.

Jerome A. Maher ("Maher") and John R. Gravee ("Gravee") appeal from the decision of the United States Court of Federal Claims dismissing their complaint for failure to state a claim upon which relief could be granted. Maher v. United States, 48 Fed. Cl. 585 (2001). Because Maher and Gravee have 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...

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