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COMMERCIAL ENERGIES, INC. v. CHENEY

Civ. A. No. 90-F-369.

737 F.Supp. 78 (1990)

COMMERCIAL ENERGIES, INC., Lewis R. Dodds, and Kathleen Dodds, Plaintiffs, v. Honorable Richard B. CHENEY, Secretary of Defense, Donald B. Price, Secretary of the Air Force, Herman A. Peguese, United States Air Force, Chief, Contract Support Division, and Timothy Gavle, Contracting Officer, Defendants.

United States District Court, D. Colorado.

April 2, 1990.

Attorney(s) appearing for the Case

Gregory Kellam Scott, Denver, Colo., for plaintiffs.

James W. Winchester, Asst. U.S. Atty., Denver, Colo., for defendants.

ORDER

SHERMAN G. FINESILVER, Chief Judge.

THIS MATTER comes before the court on defendants' Motion to Dismiss and/or for Transfer. Defendants contend that the United States Court of Claims has exclusive jurisdiction over this matter pursuant to 28 U.S.C. § 1491(a)(3). For reasons stated below, defendants' motion is granted.

1. Background

This action involves a pre-award government contract dispute. The contract is for the purchase...

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