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COMMERCIAL ENERGIES, INC. v. U.S.

No. 90-5123.

929 F.2d 682 (1991)

COMMERCIAL ENERGIES, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 29, 1991.

Attorney(s) appearing for the Case

Gregory Kellam Scott, Lowell Thomas Law Building, Denver, Colo., argued for plaintiff-appellant.

Martha H. DeGraff, Atty., Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued for defendant-appellee. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen. and David M. Cohen, Director.

Before NEWMAN, LOURIE and CLEVENGER, Circuit Judges.

LOURIE, Circuit Judge.

Commercial Energies, Inc. appeals the June 29, 1990, order of the United States Claims Court, No. 90-300-C, denying for the second time Commercial Energies' motion to order the Air Force to comply with the April 16, 1990, order of that court to award a natural gas supply contract in accordance with a statutorily-required preference. Since we conclude that the Claims Court did not err, we affirm.

BACKGROUND

On June 30, 1989...

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