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POWERINE OIL CO. v. U.S.

Nos. 87-1385, 87-1386.

837 F.2d 1581 (1988)

POWERINE OIL COMPANY, USA Petrochem Corporation, Tosco Corporation, La Jet, Inc., C. Itoh & Company (America), Inc., Fletcher Oil & Refining Company, Inc., Newhall Refining Company, Inc. and Oasis Petroleum Corporation, Appellants, v. The UNITED STATES, Appellee. PACIFIC REFINING COMPANY, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

February 5, 1988.

Attorney(s) appearing for the Case

Richard A. Del Guercio, Demetriou, Del Guercio & Lovejoy, Los Angeles, Cal., argued, for appellant Powerine. With him on the brief, was Stephen A. Del Guercio.

Warren E. Connelly, Akin, Gump, Strauss, Hauer & Feld, Washington, D.C., argued, for appellant Pacific. With him on the brief, were Daniel Joseph, P.C. and C. Fairley Spillman.

Paula J. Barton, Dept. of Justice, Washington, D.C., argued, for appellee. With her on the brief, were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and M. Susan Burnett. Also on the brief, were Mary H. Egger, Robert T. Maguire and Avrum Fingeret, U.S. Dept. of Energy, Washington, D.C., of counsel.

Before BISSELL and MAYER, Circuit Judges, and COWEN, Senior Circuit Judge.

BISSELL, Circuit Judge.

These appeals arise from a decision of the Department of Energy Board of Contract Appeals (Board) respecting a contract dispute between Powerine Oil Company, USA Petrochem Corporation, Tosco Corporation, La Jet, Inc., C. Itoh & Company (America), Inc., Fletcher Oil & Refining Company, Inc., Newhall Refining Company, Inc. and Oasis Petroleum Corporation (collectively, the contractors) and the United States Department of Energy (DOE)...

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