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BEACON OIL CO. v. U.S.

No. 87-1133.

832 F.2d 593 (1987)

BEACON OIL COMPANY, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

November 3, 1987.

Attorney(s) appearing for the Case

David G. Wilson, Andrews and Kurth, Washington, D.C., argued, for appellant. Also on the brief was Jennifer M. Porter, of counsel.

Joseph A. Kijewski, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for appellee. With him on the brief, were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and M. Susan Burnett, Asst. Director.

Before DAVIS, Circuit Judge, SKELTON, Senior Circuit Judge, and NEWMAN, Circuit Judge.

DAVIS, Circuit Judge.

This is a tangled web firmly enfolding the Department of Energy Board of Contract Appeals (BCA), the Claims Court, the Contract Disputes Act, and the disputes clause of the contracts. We cut the Gordian knot by holding that (a) the Claims Court was correct that appellant Beacon Oil (Beacon) had made a binding election to pursue its contract cases under the Contract Disputes Act even though it had not certified its claims, and (b) the BCA's prior...

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