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BAGGETT TRANSP. CO. v. U.S.

No. 91-5127.

969 F.2d 1028 (1992)

BAGGETT TRANSPORTATION CO., and Coast Counties Express, Inc., Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 7, 1992.

Attorney(s) appearing for the Case

Richard O. Burst, Sr., Port Isabel, Tex., argued, for plaintiffs-appellants.

Odessa P. Jackson, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for defendant-appellee. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director.

Before MICHEL, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

DANIEL M. FRIEDMAN, Senior Circuit Judge.

The sole question in this appeal is whether the United States requested two motor carriers to provide exclusive use of the containers used to transport government property, the effect of such request being that the carriers would be entitled to increased shipping charges. The United States Claims Court held that the United States had not requested exclusive use, and dismissed the carriers' suit for the additional charges....

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