Eel River Sawmills, Inc. v. United States

OPINION

SMITH, Chief Judge.

This dispute is before the court on plaintiff’s motion for summary judgment. *606Plaintiff, Eel River Sawmills, Inc. (Eel River), brought this action pursuant to the Contract Disputes Act, 41 U.S.C. §§ 601-13 (1988), and the Tucker Act, 28 U.S.C. § 1491 (1988), asserting that it is entitled to pay a Flat Rate for timber harvested under two contracts with the United States Forest Service (Forest Service). Plaintiff actually paid a higher rate based upon the index designated in both contracts. In support of its assertion, plaintiff argues that this court’s decision in…