KIEWIT/TULSA-HOUSTON v. U.S.

No. 92-5072.

981 F.2d 531 (1992)

KIEWIT/TULSA-HOUSTON, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 9, 1992.


Attorney(s) appearing for the Case

Allen L. Overcash, Woods & Aitken, Lincoln, NE, argued, for plaintiff-appellant.

Bryant G. Snee, Atty., Commercial Litigation Branch, Dept. of Justice, argued, for defendant-appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Terrence S. Hartman, Asst. Director and John P. Sholar, Atty. Also on the brief were I. Avrum Fingeret and Thomas West, Office of General Counsel, U.S. Dept. of Energy, Washington, DC, of counsel.

Before ARCHER, MAYER and MICHEL, Circuit Judges.


ARCHER, Circuit Judge.

Kiewit/Tulsa-Houston, a joint venture (KTH), appeals from the judgment of the United States Claims Court, dated January 17, 1992, dismissing for lack of subject matter jurisdiction seven of eight counts of KTH's complaint. Kiewit/Tulsa-Houston v. United States, 25 Cl.Ct. 110 (1992). We affirm.

I.

KTH was formed under the laws of Nebraska by written joint venture agreement between Kiewit Industrial Co. (Kiewit) and Tulsa...

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