Free Order on Motion for Partial Summary Judgment - District Court of Federal Claims - federal

Case 1:03-cv-01216-JPW

Document 28

Filed 11/20/2003

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In the United States Court of Federal Claims
No. 03-1216C Filed: November 20, 2003 ) ) ) ) ) ) ) ) ) ) ) )

PLACID HOLDING CO., Plaintiff, v. THE UNITED STATES, Defendant.

_______________________________________________ ORDER (i) GRANTING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT; (ii) DENYING PLAINTIFF'S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT; and (iii) SUSPENDING FURTHER PROCEEDINGS _______________________________________________

On October 1, 2003, this court issued a decision in a related case, Williams Alaska Petroleum, Inc. v. United States, Case No. 02-705C, confirming the lawfulness of economic price adjustment clauses based on market-based price indexes. In a status conference held in that action on November 18, 2003, counsel represented that the questions of law addressed in the Williams Alaska decision are identical to those raised here in the parties' cross-motions for partial summary judgment. In light of that identity of issues, completion of the briefing on the parties' cross-motions (specifically, defendant's response and reply brief and plaintiff's reply) is deemed unnecessary. The court, having previously fully considered the issues raised in the pending motions, now grants defendant's

Case 1:03-cv-01216-JPW

Document 28

Filed 11/20/2003

Page 2 of 2

motion for partial summary judgment and denies plaintiff's cross-motio n for partial summary judgment. In addition, further proceedings in this action are suspended pending the resolution of additional substantive and procedural issues presented in Williams Alaska.

s/John P. Wiese John P. Wiese Judge

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