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GOULD, INC. v. CHAFEE

No. 71-1305.

450 F.2d 667 (1971)

GOULD, INC. and Eltra Corporation, Appellants, v. John H. CHAFEE, Secretary of the Navy ESB, Inc., Appellees.

United States Court of Appeals, District of Columbia Circuit.

June 30, 1971.

Attorney(s) appearing for the Case

Robert L. Ackerly, Washington, D. C., was on the pleadings for appellants. C. Stanley Dees, Washington, D. C., entered an appearance on behalf of appellants.

Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Robert M. Werdig, Jr. and Joseph M. Hannon, Asst. U. S. Attys., were on the oppositions for appellee Chafee.

Messrs. Eldon H. Crowell and Gerald P. Johnston, Washington, D. C., were on the oppositions for appellee ESB, Inc.

Before LEVENTHAL, MacKINNON and WILKEY, Circuit Judges.

LEVENTHAL, Circuit Judge:

Appellants and appellee ESB, Inc. were originally awarded contracts for the provision of several lots of industrial batteries to the U. S. Navy. After a protest by ESB, the Assistant Comptroller General determined that ESB was low bidder on all the lots. The Navy terminated appellants' contracts and awarded a new contract for all the batteries to ESP. Appellants then sued in District Court for declaratory and injunctive relief to prevent...

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