ConocoPhillips v. United States

OPINION

WIESE, Judge.

Plaintiffs sue here to recover the difference between the claimed fair market value and the contract price of fuel delivered to the Defense Energy Support Center (“DESC”) under a series of contracts alleged to have contained illegal economic price adjustment clauses. The case is before the court on defendant’s motion to dismiss or, alternatively, for summary judgment and on plaintiffs’ motion pursuant to RCFC 56(f) to permit further discovery. The court heard oral argument on the parties’ motions on August 9, 2006. For the reasons set forth below, we rule in defendant’s…