Summary
finding plaintiffs lacked standing to sue where they were not parties to the contract or third-party beneficiaries
Summary of this case from Allstate Fire & Casualty Ins. Co. v. Liberty Mutual Fire Ins. Co.Opinion
No. 91-3010.
Submitted February 12, 1992.
Decided February 26, 1992.
Thomas James Ponchik, pro se.
Jerome G. Arnold and Lonnie F. Bryan, Minneapolis, Minn., for U.S.
Carol M. Person and Thomas A. Clure, Duluth, Minn., for Earl King and Automatic Vendors, Inc.
Appeal from the United States District Court for the District of Minnesota.
Before McMILLIAN, WOLLMAN and LOKEN, Circuit Judges.
Thomas James Ponchik and Julian Roger Sanchez, federal inmates, appeal from the district court's judgment for defendants in this civil contract action.
The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota.
Ponchik and Sanchez filed suit in state court against Automatic Vendors, Inc. (AVI) and its president, Earl King, seeking to void AVI's contract with the Bureau of Prisons to provide vending machine services at the Federal Correctional Institution in Sandstone, Minnesota. They also sought injunctive relief and damages. After careful review of the record, we agree with the district court that plaintiffs lacked standing to bring this suit. Plaintiffs were not parties to the contract or third-party beneficiaries.
The judgment is affirmed.