Navajo Refining Co. v. United States

OPINION AND ORDER

HEWITT, Judge.

Plaintiffs, Navajo Refining Company, L.P. (Navajo) and Montana Refining Company (Montana) (collectively, plaintiffs), seek damages from defendant, the Defense Energy Support Center (DESC),1 arising out of the use of an allegedly illegal economic price adjustment clause in a series of thirty-three competitively-awarded fuel supply contracts. The parties have filed cross-motions for partial summary judgment. For the following reasons, defendant’s motion is DENIED, and plaintiffs’ motion is GRANTED in part and DENIED in part.

I. Background

Navajo is a Delaware…