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Appealed from: The United States Court of Federal Claims Judge Bohdan A. Futey

Plaintiff-Appellant Am-Pro Protective Agency, Inc. (“Am-Pro”) appeals from a judgment of the United States Court of Federal Claims dismissing, as untimely, the contract action that Am-Pro brought against the government and holding, in the alternative, that the government was entitled to summary judgment based on a previously executed release. See Am-Pro Protective Agency v. United States, No. 98-940C, slip op. (Feb. 2, 2001). At the same time, the trial court rejected Am-Pro’s assertion that it had executed this release under duress, meaning (according to Am-Pro) that neither the release nor the applicable limitations period barred its contract claim.

Because the only evidence Am-Pro relies on in opposition to summary judgment–an uncorroborated affidavit executed six years after the government’s alleged wrongdoing occurred–cannot create a genuine issue and meet the high evidentiary burden of proof needed to overcome the presumption that government officials act properly and in good faith, we reject Am-Pro’s argument that it was entitled to a trial. We therefore affirm the grant of summary judgment in favor of the government. Accordingly, we need not review the dismissal under RCFC 12(b)(1).

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