United States Federal Circuit

In an appeal focusing on the application of the economic price adjustment clause in plaintiffs-oil companies' contracts to supply fuel to the government for military uses, dismissal of plaintiffs' claims is affirmed in part and reversed in part as: 1) plaintiffs did not show that an economic price adjustment clause was unlawful, that there was a material mistake in the formation of the contracts, or that there was a breach of contract; but 2) jurisdictional dismissal of one plaintiff's claims that the government's small business and minority set-aside programs unlawfully reduced the prices of its contracts was error.

Appellate Information

• Decided 09/21/2007
• Published 09/21/2007

Judges

• BRYSON, Circuit Judge., Before BRYSON, LINN, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• J. Keith Burt, Mayer, Brown, LLP, of Washington, DC, argued for plaintiffs-appellants in both 2007-5004 and 2007-5010.   With him on the brief were Cameron S. Hamrick, and Michael E. Lackey, and Adrian L. Steel, Jr.


• For Appellees:
  
• Steven J. Gillingham, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee in both 2007-5004 and 2007-5010.   With him on the brief were Peter D. Keisler, Assistant Attorney General, and Jeanne E. Davidson, Director.   Of counsel on the brief were Howard M. Kaufer, Assistant Counsel, Office of Counsel, Defense Energy Support Center, of Fort Belvoir, VA, and Donald S. Tracy, Trial Attorney, Defense Supply Center Richmond, of Richmond, VA.