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COASTAL CORP. v. UNITED STATES

Appeal No. 83-706.

713 F.2d 728 (1983)

COASTAL CORPORATION, Moss Bluff Storage Venture, and New Jersey Strategic Petroleum Reserve, Appellants, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

August 3, 1983.

Attorney(s) appearing for the Case

William W. Thompson, Jr., Washington, D.C., for appellants.

Allen C. Peters, Washington, D.C., for appellee. With him on brief were J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Washington, D.C.

Before MARKEY, Chief Judge, and FRIEDMAN and NIES, Circuit Judges.

FRIEDMAN, Circuit Judge.

This is an appeal from a decision of the Department of Energy Board of Contract Appeals (Board) that denied, on the merits, the appellants' claim for bid preparation costs incurred in connection with a government solicitation for proposals that was cancelled before any contract was awarded. We vacate the decision of the Board because the Board had no jurisdiction over the claim.

I.

This case arose from the efforts of the...

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