CONOCOPHILLIPS v. U.S.

Nos. 2007-5004, 2007-5010.

501 F.3d 1374 (2007)

CONOCOPHILLIPS, Conoco, Inc., and Phillips Petroleum Company, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee. La Gloria Oil and Gas Company, Plaintiff-Appellant, v. United States, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 21, 2007.


Attorney(s) appearing for the Case

J. Keith Burt, Mayer, Brown, LLP, of Washington, DC, argued for plaintiffs-appellants in both 2007-5004 and 2007-5010. With him on the brief were Cameron S. Hamrick, and Michael E. Lackey, and Adrian L. Steel, Jr.

Steven J. Gillingham, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee in both 2007-5004 and 2007-5010. With him on the brief were Peter D. Keisler, Assistant Attorney General, and Jeanne E. Davidson, Director. Of counsel on the brief were Howard M. Kaufer, Assistant Counsel, Office of Counsel, Defense Energy Support Center, of Fort Belvoir, VA, and Donald S. Tracy, Trial Attorney, Defense Supply Center Richmond, of Richmond, VA.

Before BRYSON, LINN, and PROST, Circuit Judges.


BRYSON, Circuit Judge.

These are consolidated appeals from judgments of the United States Court of Federal Claims dismissing the plaintiffs-appellants' claims against the United States. The plaintiffs in the first case are ConocoPhillips, Conoco, Inc., and Phillips Petroleum Company (collectively, "ConocoPhillips"). The plaintiff in the second case is La Gloria Oil and Gas Company. The appeals focus on the application of the economic price adjustment clause in the...

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