AMERICAN WESTERN CORP. v. UNITED STATES

Appeal No. 83-1277.

730 F.2d 1486 (1984)

AMERICAN WESTERN CORPORATION, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

March 28, 1984.


Attorney(s) appearing for the Case

Gale Fisher, Sioux Falls, S.D., for appellant.

Joan M. Blumberg, Washington, D.C., for appellee. With her on brief were J. Paul McGrath, Asst. Atty. Gen. and David M. Cohen, Director, Washington, D.C.

Before BENNETT, Circuit Judge, SKELTON, Senior Circuit Judge, and MILLER, Circuit Judge.


SKELTON, Senior Circuit Judge.

This case involves the construction of a contract between the General Services Administration (GSA) and the American Western Corporation (appellant). On August 22, 1980, GSA awarded a requirements contract to appellant to supply polyethylene plastic bags for the Government for the period from August 22, 1980, to July 30, 1981. The contract contained an Economic Price Adjustment (EPA) clause which provided that the "price(s) of all items...

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