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MID-WEST CONSTRUCTION, LTD. v. UNITED STATES

No. 123-66.

387 F.2d 957 (1967)

MID-WEST CONSTRUCTION, LTD. v. The UNITED STATES.

United States Court of Claims.

As Amended February 2, 1968.

Attorney(s) appearing for the Case

David V. Anthony, Washington, D. C., for plaintiff; Henry B. Keiser, Washington, D. C., attorney of record. Sellers, Conner & Cuneo, Washington, D. C., of counsel.

James F. Merow, Washington, D. C., with whom was Acting Asst. Atty. Gen., Carl Eardley, for defendant.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON, and NICHOLS, Judges.

DAVIS, Judge.

Plaintiff, a Canadian corporation, submitted a bid for the construction of a road near Petersburg, Alaska, in response to an invitation with a total small business set-aside issued by the Forest Service of the Department of Agriculture in May 1964. (A total small business set-aside means that the entire award is to go to a "small business.") After the bids were opened in June and plaintiff's was determined to be low, the next low bidder, B & A and...

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