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REX SERVICE CORP. v. U.S.

No. 05-5142.

448 F.3d 1305 (2006)

REX SERVICE CORPORATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Associated Aircraft Manufacturing & Sales Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 8, 2006.

Attorney(s) appearing for the Case

Christopher M. Johnson, Centre Law, LLC, of Vienna, Virginia, argued for plaintiff-appellant. With him on the brief was James S. Phillips.

Kyle E. Chadwick, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Franklin E. White, Jr., Assistant Director.

Bradley Alan Rush, John J. Fausti & Associates, LLC, of Washington, DC, argued for defendant-appellee Associated Aircraft Manufacturing & Sales Inc. On the brief were John J. Fausti and Monica C. Parchment.

Before NEWMAN, MAYER, and GAJARSA, Circuit Judges.

MAYER, Circuit Judge.

Rex Service Corporation ("Rex") appeals the judgment of the United States Court of Federal Claims, dismissing its post-award bid protest for lack of jurisdiction under the Tucker Act, 28 U.S.C. § 1491(b)(1) (2002).* Rex Serv. Corp. v. United States, No. 05-CV-386 (Fed. Cl. June 6, 2005). Because Rex is not an "interested party" within the meaning of section 1491(b)(1), we affirm.

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