Court of Appeals for the Tenth Circuit July 20, 1987, Nos. 85-2428, 86-1942 (Western Nuclear, Inc. v. Huffman)

McKAY, Circuit Judge.

Plaintiffs, three uranium mining and milling companies, filed a five-count complaint challenging various Department of Energy (DOE) policies. Shortly after filing the complaint, plaintiffs moved for summa*1432ry judgment on count two, which challenged the DOE’s use of the recently adopted uranium enrichment services contract (UESC).