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BARRETT REFINING CORP. v. U.S.

No. 00-5036.

242 F.3d 1055 (2001)

BARRETT REFINING CORPORATION, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied April 18, 2001.

Attorney(s) appearing for the Case

James D. Bachman, Doyle & Bachman LLP, of Arlington, Virginia, argued for plaintiff-appellee. With him on the brief was Scott W. Woehr.

Sheryl L. Floyd, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief was David M. Cohen, Director. Of counsel on the brief was Karen Schools, Defense Energy Support Center, Defense Logistics Agency, Ft. Belvoir, Virginia.

Before MICHEL, RADER, and LINN, Circuit Judges.

LINN, Circuit Judge.

The United States ("government") seeks review of a final decision of the Court of Federal Claims awarding Barrett Refining Corp. ("Barrett") the fair market value of the goods it delivered under one contract and dismissing the United States' counterclaims for amounts that the United States paid in excess of fair market value on three other contracts. Barrett Refining Corp. v. United States, 45 Fed.Cl. 166 (1999) ("Barrett 2"). We...

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