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CITY OF TACOMA, DEPT. OF PUBLIC UTILITIES v. U.S.

No. 93-5183.

31 F.3d 1130 (1994)

CITY OF TACOMA, DEPARTMENT OF PUBLIC UTILITIES, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 27, 1994.

Attorney(s) appearing for the Case

George S. Karavitis, City of Tacoma, Department of Public Utilities, Tacoma, WA, argued for plaintiff-appellant. With him on the brief was Mark Bubenik.

Ellen M. McElligott, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for defendant-appellee. With her on the brief were Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director and Sharon Eubanks, Asst. Director. Of counsel were Bryan R. O'Boyle and Major Terrie M. Gent, Air Force Legal Services Agency, Dept. of the Air Force, Arlington, VA.

Before ARCHER, Chief Judge, MAYER and LOURIE, Circuit Judges.

MAYER, Circuit Judge.

The City of Tacoma, Washington, appeals the judgment of the United States Court of Federal Claims, holding that the city's contract with the United States Air Force was valid and enforceable, and granting summary judgment for the government. 28 Fed.Cl. 637 (1993). We affirm.

Background

On November 20, 1972, the City of Tacoma, Washington, and the United States entered into Air Force Contract No. F45603-73-C-0009 by which...

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