Smelser v. United States

MEMORANDUM OPINION AND ORDER

WILLIAMS, Judge.

Plaintiff claims that the Department of Energy (DOE) breached a contract by refus*770ing to allow him to remove certain excess chemicals and equipment from DOE’s Oak Ridge facilities. In an earlier opinion granting partial summary judgment for Defendant, the Court concluded that Plaintiff was not entitled to these excess chemicals under the contract, and that genuine issues of material fact precluded summary judgment as to other equipment Plaintiff is claiming. Smelser v. United States, 53 Fed.Cl. 530 (2002) (Smelser I), aff'd, 69 Fed.Appx. 466…