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SCHLESINGER v. GATES

No. 13483.

249 F.2d 111 (1957)

Sol O. SCHLESINGER, t/a Ideal Uniform Cap Company, Appellant, v. Thomas S. GATES, Jr., Secretary of the Navy, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided September 26, 1957.

Attorney(s) appearing for the Case

Mr. Burton R. Thorman, Washington, D. C., for appellant.

Mr. Marcus A. Rowden, Washington, D. C., a member of the bar of the Supreme Court of Michigan, pro hac vice, by special leave of Court, with whom Asst. Atty. Gen., George C. Doub, Messrs. Oliver Gasch, U. S. Atty., and Melvin Richter, Attorney, Department of Justice, were on the brief, for appellee. Mr. Lewis Carroll, Asst. U. S. Atty., also entered an appearance for appellee.

Before PRETTYMAN, BASTIAN and BURGER, Circuit Judges.

PER CURIAM.

This is an appeal from a summary judgment granted appellee on appellant's suit for a declaratory judgment. Appellant sued to compel the appellee Secretary of the Navy to terminate appellant's allegedly illegal listing and debarment from obtaining Navy contracts and to expunge from the records any manifestation of such adverse action by the Navy.

The debarment notice, dated August 10, 1955, stated two unrelated grounds for the action: (1) appellant...

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