Sedgwick v. United States , 151 F. App'x 941 ( 2005 )

NOTE: Pursuant to Fed. Cir. R. 47.6, this disposition is
not citable as precedent. It is a public record.
United States Court of Appeals for the Federal Circuit
05-5119
PHILLIP WESTEL SEDGWICK,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.
__________________________
DECIDED: October 5, 2005
__________________________
Before NEWMAN, MAYER, and DYK, Circuit Judges.
PER CURIAM.
Phillip Westel Sedgwick appeals the order of the United States Court of Federal
Claims dismissing his complaint for lack of jurisdiction. Sedgwick v. United States,
No. 04-CV-01378 (Fed. Cl. Mar. 30, 2005). Sedgwick sought jurisdiction under the
Tucker Act, 28 U.S.C. § 1491, based on his assertion that the license he was granted
by the United States, which permitted him to enter into contracts with Vietnam or
Vietnamese nationals under 31 C.F.R. § 500.574, also constituted an executory
contract between himself and the United States. Nothing in the regulation suggests that
a license to do business with Vietnam also constitutes a contract with the United States.
See 31 C.F.R. § 500.574. Furthermore, none of the elements necessary to form a
contract were present. Therefore, there was no contract between Sedgwick and the
United States, and the Court of Federal Claims properly dismissed Sedgwick’s claim for
lack of jurisdiction. Accordingly, we affirm.
05-5119 2