Advanced Distribution System, Inc. v. United States

OPINION

FUTEY, Judge.

This ease is before the court on plaintiffs motion for summary judgment and defendant’s cross-motion for summary judgment. Plaintiff argues that it was entitled to receive exclusive use charges for all shipments for which defendant requested such service, that defendant was not justified in eliminating such charges, and that summary judgment *600for plaintiff is therefore appropriate. Defendant contends, however, that summary judgment should be granted in its favor, arguing that plaintiff was, in effect, paid its exclusive use charges up to the amount allowed by the Military…