CITIES SERVICE HELEX, INC. v. UNITED STATES

Nos. 138-75, 158-75.

543 F.2d 1306 (1976)

CITIES SERVICE HELEX, INC. v. The UNITED STATES. NATIONAL HELIUM CORPORATION v. The UNITED STATES.

United States Court of Claims.

October 20, 1976.


Attorney(s) appearing for the Case

Charles C. Baker, Shawnee, Okl., atty. of record, for Cities Service Helex, Inc. James M. Sturdivant and C. A. Coulter, Tulsa, Okl., of counsel.

Robert L. Ackerly, Washington, D.C., atty. of record, for National Helium Corp. Raymond S. E. Pushkar, Harvey G. Sherzer, D. Joe Smith, Jr., Sellers, Conner & Cuneo, Washington, D.C., and Wendell J. Dogget, of counsel.

Edward J. Friedlander, Washington, D.C., with whom was Asst. Atty. Gen. Rex E. Lee, Washington, D.C., for defendant. John D. Trezise, Washington, D.C., of counsel.

Before COWEN, Chief Judge, DURFEE, Senior Judge, DAVIS, SKELTON, NICHOLS, KUNZIG and BENNETT, Judges, en banc.


ON DEFENDANT'S AND PLAINTIFFS' MOTIONS FOR PARTIAL SUMMARY JUDGMENT AND DEFENDANT'S CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT

DAVIS, Judge:

In 1960 Congress enacted Helium Act Amendments giving the Secretary of the Interior broad authority to establish a long-range helium conservation program. Four 22-year contracts providing for the Government's purchase of helium from private contractors formed the major components of this program. The court considered...

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