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American Management Systems, Inc. v. United States
Citation: 58 F. App'x 470Docket: No. MISC. 726
Court: Court of Appeals for the Federal Circuit; February 25, 2003; Federal Appellate Court
The United States sought permission to appeal a ruling from the Court of Federal Claims regarding a legal question central to the case brought by American Management Systems, Inc. (AMS). AMS challenged the termination of its contract with the Federal Retirement Thrift Investment Board, which involved the development of an automated record-keeping system for the Thrift Savings Plan (TSP). The United States argued for dismissal based on the nonappropriated funds doctrine, asserting that the TSP was financed through private funds rather than general federal revenues. AMS countered this motion with several arguments against the applicability of the doctrine. The Court of Federal Claims denied the motion to dismiss on one basis but did not address AMS’s other arguments. Subsequently, the court certified the order for immediate appeal under 28 U.S.C. 1292(d)(2). However, the appellate court determined that immediate review was not warranted, noting that a decision would not resolve the case; if the appeal were affirmed, the litigation would continue, and if reversed, the trial court would still need to address AMS’s other jurisdictional arguments. Consequently, the petition for permission to appeal was denied.