Arcata Forest Products Co. v. United States

OPINION

SMITH, Chief Judge.

Plaintiffs have brought this suit under the Tucker Act, 28 U.S.C. 1491 (1982) and the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-13 (1982).1 They seek refunds of alleged contract overpayments made under a standard stumpage rate adjustment clause included in various timber sales contracts. Under the typical Forest Service (Service) timber sale contract, such as those used here, contractors are selected according to the highest bid for a particular stand of timber. The bid price, however, is subject to adjustment depending upon changing timber markets. To share…