In U.S. v. Wyoming (D. Wyo.), we filed a complaint seeking to enjoin the collection of state sales taxes and to obtain a refund of taxes paid, plus interest, by DOE's contractor, Lawrence Allison and Associates West, at NPR-3. (E. Jiran, GC-22, 586-5508)

In U.S. ex rel. Jacob v. Ampco-Pittsburgh Corp. (C.D. Cal.), a court-sealed qui tam action under the False Claims Act, the Department of Justice has requested an extension of time within which to decide whether to intervene and assume the prosecution of the case. The requested extension is to 30 days after a grand jury completes its deliberations on related criminal charges. (D. Davis, GC-21, 586-4645)

In U.S. ex rel Navarette v. Rockwell (D. Colo.), a False Claims Act case alleging that Rockwell obtained reimbursement for unauthorized costs under its contract with DOE, motions to dismiss are pending. (J. Vreeland, GC-22, 5868709)

In Wallace v. U.S. (N.D. Cal.), a class action FLSA complaint was filed seeking overtime pay for federal firefighters employed by DOE and several other agencies. (D. Davis, GC-21, 586-4645)

In Western Nuclear v. Huffman (D. Colo.), a suit by uranium miners challenging a number of DOE's uranium enrichment criteria and policies, including DOE's refusal to restrict the enrichment of imported uranium and DOE's adoption of the Utilities Services Contract, the court granted a motion filed by the plaintiffs to voluntarily dismiss their

complaint without prejudice.

(M. Johnston, GC-22, 586-8700)

CONTRACT

In Big Chief Drilling Co. v. U.S. (Cl. Ct.), a contract
Disputes Act case involving a drilling contract as SPRO's
Big Hill oil storage facility in Jefferson County, Texas, a
status conference was held. (J. Vreeland, GC-22, 586-8709)
In Chevron v. U.S. (Cl. Ct.), an action seeking a declara-
tory judgment that Chevron's litigation expenses and judg-
ments arising out of accidents at NPR-1 are to be shared by
DOE and Chevron pursuant to the Unit Plan Contract, a joint
status report was filed. (A. Fingeret, GC-22, 586-5678)
In Eagle-Picher Industries, Inc. v. U.S. (10th Cir.), an
action challenging a post award decision to resolicit a
procurement, we filed a notice of appeal from the court's
order granting the plaintiff's motion for a preliminary
injunction enjoining interference with the Eagle-Picher
contract or resoliciting the contract. (J. Vreeland, GC-22,
586-8709)

In Executive Fliteways v. U.S. (E.D.N.Y.), an action seeking
a declaratory judgment that the insurer of an aircraft
operated by Brookhaven is not obligated to defend and indem-
nify in a suit arising out of the plane's crash, the court
has granted the parties an extension, until February 24,
within which to file cross-motions for summary judgment.
(J. Vreeland, GC-22, 586-8709)

In Fru-Con Construction Corp. v. U.S. (Cl. Ct.), an action under the Contract Disputes Act, a settlement proposal is currently under review at DOJ. (F. Williams and B. Underwood, GC-22, 586-6488)

In Hydrothermal Energy Corp. v. U.S. (Cl. Ct.), an action in which the plaintiff seeks recovery of $611,587 in disallowed termination costs under a cost-sharing contract, terminated for the convenience of the government, for the construction of a geothermal project in Reno, Nevada, the parties are engaged in pre-trial proceedings. (J. Vreeland, GC-22, 5868709)

In Insurance Co. of North America v. U.S. (Cl. Ct.), a contract termination case, an order was entered staying proceedings until March 9. (J. Vreeland, GC-22, 586-8709)

In Kiewit/Tulsa-Houston v. U.S. (Cl. Ct.), an action under the Contract Disputes Act, a joint preliminary status report was filed. (A. Fingeret and B. Underwood, GC-22, 586-5678)

In KMS Fusion, Inc. v. U.S. (Cl. Ct.), a case challenging the denial of costs claimed by a DOE contractor, a status report is due on March 21. (J. Vreeland, GC-22, 586-8709) In L.O. Warner, Inc. v. DOE (Fed. Cir.), an appeal from an Energy Board of Contract Appeals decision upholding the default termination of a construction contract for installation of an underground piping system at DOE's Mound Facility, the case was submitted on briefs. (J. Vreeland, GC-22, 586-8709)

In Malissa Co. v. U.S. (Cl. Ct.), a Contract Disputes Act case challenging the denial of costs claimed by the plaintiff, we are awaiting a decision on the merits. (J. Vreeland, GC-22, 586-8709)

In Nuclear Energy Services v. U.S. (Cl. Ct.), a contract action involving a dispute between General Electric, DOE's M&O contractor at the Knolls Atomic Laboratory, and a subcontractor, the plaintiff filed a stipulation dismissing its complaint. (J. Vreeland, GC-22, 586-8709)

In Phillips v. U.S. (1st Cir.), a disappointed bidder's suit involving the Brookhaven National Laboratory, the dismissal of the complaint for lack of subject matter jurisdiction was affirmed. (N. Williams, GC-21, 586-4639)

In TRW Environmental Safety Systems, Inc. v. U.S. (C1. Ct.), a case challenging DOE's decision to award Bechtel Systems Management the systems engineering and development contract for the proposed nuclear waste repository, the plaintiffs filed a motion for a preliminary injunction seeking to prevent DOE from awarding the contract as scheduled. Our response to their motion is due on February 27, and a hearing is set for March 3. In addition, our response to the complaint is due on February 21. (R. Wittenauer, GC-21, 586-2964)

In UNC Nuclear Industries, Inc. v. U.S. (Cl. Ct.), a Contract Disputes Act case arising out of the termination of a Hanford contractor, the government filed its answer to the complaint. (A. Fingeret and R. Wittenauer, GC-22, 586-5678) In Union Natural Gas Co. v. U.S. (Cl. Ct.), an action under the Contract Disputes Act, a status conference was held. (A. Fingeret, GC-22, 586-5678)

In U.S. v. Parsons (E.D. Cal.), an action in which the government is seeking reimbursement of $3 million it paid on a loan guarantee involving a hydrothermal electric generating project, we filed a motion for summary judgment. (J. Vreeland, GC-22, 586-8709)

DRUG TESTING

In Cousins v. Martin Marietta (E.D. Tenn.), a suit challenging the drug-testing programs instituted by Martin Marietta, DOE's M&O contractor at Oak Ridge, and Rust Engineering Company, a subcontractor, the defendants filed their briefs opposing the plaintiffs' motions for a preliminary injunction and for summary judgment. (T. Russell, GC-21, 5862938)

In Ensor v. Rust Engineering (E.D. Tenn.), a case challeng-
ing the drug testing program instituted by Rust Engineering
Company, DOE's construction subcontractor at Oak Ridge, the
court issued an opinion strongly supporting drug testing at
nuclear facilities and entered judgment for the defendant.
(T. Russell, GC-21, 586-2938)

ELECTRICITY

In Gulf States Utilities Co. v. Louisiana PSC (La. 19th Jud. Dist. Ct.), a proceeding to review the allocation among utility customers, including the SPRO, of a rate increase, we filed our brief. (F. Williams, GC-22, 586-6488)

EMPLOYMENT AND PERSONNEL

DISCRIMINATION

In Clark v. Herrington (D.D.C.), an age discrimination
action, we will seek an extension of time, until February
27, within which to file our response to the complaint.
(R. Wittenauer, GC-21, 586-2964)

In Cox v. Secretary of Energy (EEOC), a class action race discrimination case, a status conference is scheduled for February 23. (S. Skubel and B. Underwood, GC-21, 586-5579)

In DeVargas v. Mason and Hanger (D.N.M.), a handicap discrimination case, the court granted our motion for summary judgment. (S. Skubel, GC-21, 586-5579)

In Evans v. Herrington (D.D.C.), a race discrimination action, the court denied our motion to dismiss. (S. Skubel, GC-21, 586-5579)