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HARBERT/LUMMUS AGRIFUELS PROJECTS v. U.S.

Nos. 97-5047, 97-5052.

142 F.3d 1429 (1998)

HARBERT/LUMMUS AGRIFUELS PROJECTS, Harbert International, Inc., Abb Lummus Crest, Inc. and Lummus Crest, Inc., Plaintiffs-Cross Appellants, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined July 27, 1998.

Attorney(s) appearing for the Case

Edward Smith Allen, Balch & Bingham LLP, of Birmingham, AL, argued for plaintiffs-cross appellants.

Mark A. Melnick, Sr. Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant-appellant. With him on brief were Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director of counsel on brief was I. Avrum Fingeret, Attorney, U.S. Dept. of Energy, of Washington, DC.

Before SCHALL, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Rehearing Denied; Suggestion for Rehearing In Banc Declined July 27, 1998.

DECISION

GAJARSA, Circuit Judge.

The United States seeks review of the decision of the United States Court of Federal Claims in Harbert/Lummus v. United States, 36 Fed. Cl. 494 (1996), holding that the United States entered into an oral, unilateral contract with Harbert/Lummus1 to continue guaranteeing future borrowing requests until completion...

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