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BLACKHAWK HEATING & PLUMBING CO. v. DRIVER

No. 22956.

433 F.2d 1137 (1970)

BLACKHAWK HEATING & PLUMBING CO., Appellant, v. William B. DRIVER et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 19, 1970.

Attorney(s) appearing for the Case

Mr. Michael W. J. Shea, Washington, D. C., with whom Mr. Sheldon I. Cohen, Washington, D. C., was on the brief, for appellant. Mr. Henry J. Staudinger, Washington, D. C., also entered an appearance for appellant.

Mr. Michael C. Farrar, Atty., Department of Justice, for appellees. Thomas A. Flannery, U. S. Atty., Alan S. Rosenthal and Reed Johnston, Jr., Attys., Department of Justice, were on the brief, for appellees.

Before BAZELON, Chief Judge, and TAMM and MacKINNON, Circuit Judges.

TAMM, Circuit Judge:

In the summer of 1968 appellant was invited to submit a bid for the construction of a Veterans Administration hospital in Tampa, Florida. When the bids were opened on October 1, 1968, appellant's was the lowest in amount of the five bids received. (Supp.App. 25.) Pursuant to the Federal Procurement Regulations, an assessment of responsibility was undertaken prior to the awarding of the contract.1 After completing a...

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