Discovery Required Before Contractor’s Fifth Amendment Taking Claim Can Be Determined; COFC No. 15-378C, Global Freight Systems Co. W.L.L. v. United States

The government’s motion to dismiss a claim alleging a Fifth Amendment taking of the plaintiff’s property is denied, where further discovery is required to demonstrate the nature of the government’s actions and whether the government obtained any benefit by its actions, and whether the plaintiff, as a subcontractor, is a third-party beneficiary of the agency’s prime contract.