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CITIES SERVICE GAS COMPANY v. UNITED STATES

No. 40-73.

500 F.2d 448 (1974)

CITIES SERVICE GAS COMPANY, a Delaware corporation v. The UNITED STATES.

United States Court of Claims.

As Amended on Denial of Rehearing October 4, 1974.

Attorney(s) appearing for the Case

Melvin Richter, Washington, D. C., attorney of record for plaintiff; Littman, Richter, Wright & Talisman, Washington, D. C., Alfred O. Holl, Tulsa, Okl., and Daniel R. Hopkins, Oklahoma City, Okl., of counsel.

John W. Showalter, Washington, D. C., with whom was Asst. Atty. Gen., Carla A. Hills, for defendant.

Before COWEN, Chief Judge, and SKELTON and KASHIWA, Judges.

SKELTON, Judge:

This suit was filed by plaintiff, Cities Service Gas Company, against the United States, defendant, on an alleged implied in fact contract to recover on a quantum meruit basis compensation for the sale of natural gas to the Department of the Army at Fort Leavenworth, Kansas, from March 15, 1971, to the present time. The defendant filed a Motion to Dismiss plaintiff's case on the ground we lacked jurisdiction of the case. The plaintiff filed...

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