United States Federal Circuit

When an indefinite-delivery, indefinite-quantity contract between a contracting party and the government clearly indicates that the contracting party is guaranteed no more than a non-nominal minimum amount of sales, purchases exceeding that minimum amount satisfy the government-s legal obligation under the contract.

Appellate Information

• Decided 01/04/2001
• Published 01/04/2001

Judges

• GAJARSA, Circuit Judge., Before MICHEL, CLEVENGER, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Arthur P. Skarmeas,Clinton & Muzyka, P.C., of Boston, MA, for appellant.


• For Appellees:
  
• Sheryl L. Floyd, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for appellee.   With her on the brief were David W. Ogden, Assistant Attorney General, and David M. Cohen, Director.   Of counsel on the brief was Michael D. Tully, Office of General Counsel, General Services Administration, of Washington, DC.