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BARSEBÄCK KRAFT AB v. U.S.

No. 97-5012.

121 F.3d 1475 (1997)

BARSEBÄCK KRAFT AB and Empresa Nacional Del Uranio, S.A., Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 31, 1997.

Attorney(s) appearing for the Case

John H. O'Neill, Jr., Shaw, Pittman, Potts & Trowbridge, Washington, DC, argued, for plaintiffs-appellants. With him on the brief were Alex D. Tomaszczuk, McLean, VA, and Jay E. Silberg, James B. Hamlin, and John E. Jensen, Washington, DC.

Mitchell J. Matorin, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued, for defendant-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Sandra P. Spooner, Deputy Director. Of counsel on the brief were Robert J. Moore, Vice President and General Counsel, Timothy B. Hansen, Assistant General Counsel, and Allen L. Lear, Assistant General Counsel, United States Enrichment Corporation, Bethesda, MD.

Before MAYER, RADER, and SCHALL, Circuit Judges.

MAYER, Circuit Judge.

Barsebäck Kraft AB and Empresa Nacional del Uranio, S.A. appeal the summary judgment of the United States Court of Federal Claims, 36 Fed. Cl. 691 (1996), dismissing their complaint that the United States Enrichment Corporation had overcharged them for uranium enrichment services. Because (1) the contracts at issue permit the government to charge any price below the ceiling, (2) the government has not violated any alleged treaty rights,...

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