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WASH. METRO. AREA TRANSIT AUTH. v. GATOIL (U.S.A.), INC.

Civ. A. No. 84-3240.

607 F.Supp. 1422 (1985)

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Plaintiff, v. GATOIL (U.S.A.), INC., and W.A. Benson (d/b/a Benson and Associates), Defendants.

United States District Court, District of Columbia.

May 8, 1985.

Attorney(s) appearing for the Case

Robert L. Polk, William B. Bircher, Thomas B. Dorrier, W.M.A.T.A., Washington, D.C., for plaintiff.

Thomas York, Donald N. Rothman, David W. Parsons, Baltimore, Md., and Jerry R. Goldstein, Bethesda, Md., for defendant Gatoil.

Rob Ross Hendrickson, Frank M. Benson, Jr., Baltimore, Md., and Jacob Dweck, Beverly J. Rudy, Washington, D.C., for Benson and Associates.

MEMORANDUM

GESELL, District Judge.

This contract dispute is before the Court on cross-motions for summary judgment. Affidavits and documents establish the following undisputed material facts.1

Washington Metropolitan Area Transit Authority (WMATA) and Benson and Associates (B & A) executed a contract in June 1983 under which B & A agreed to supply over three million gallons of diesel fuel at a firm fixed price...

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