A. G. SCHOONMAKER CO. v. RESOR

Nos. 24706, 24708.

445 F.2d 726 (1971)

A. G. SCHOONMAKER CO., Inc., et al. v. Stanley R. RESOR, Secretary of the Army, et al., Appellants. A. G. SCHOONMAKER CO., Inc., Bogue Electric Manufacturing Co., Appellant, v. Stanley R. RESOR, Secretary of the Army, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 23, 1971.


Attorney(s) appearing for the Case

Mr. Walter H. Fleischer, Atty., Department of Justice, with whom Messrs. Thomas A. Flannery, U. S. Atty., and Alan S. Rosenthal, Atty., Department of Justice, were on the brief, for appellants in No. 24,706 and government appellees in No. 24,708. Mr. John A. Terry, Miss Mary E. Folliard, Asst. U. S. Attys., and Mr. Morton Hollander, Atty., Department of Justice, also entered appearances for appellants in No. 24,706.

Mr. Edward A. Groobert, Washington, D. C., with whom Mr. Bennett Boskey, Washington, D. C., was on the brief, for appellant in No. 24,708 and appellee Bogue Electric Co. in No. 24,706.

Mr. Alan Y. Cole, Washington, D. C., with whom Mr. Stephen L. Moss, Washington, D. C., was on the brief, for appellee A. G. Schoonmaker Co., Inc.

Before BAZELON, Chief Judge, TAMM, Circuit Judge, and SMITH, Chief Judge, U.S. District Court for the District of Montana.


PER CURIAM:

On consideration of appellee's petition for rehearing, it is hereby ordered that the court's opinion of March 5, 1971, is vacated, and the opinion issued today is substituted therefor. The petition for rehearing is otherwise denied.

SMITH, District Judge:

The Department of Defense sought to procure Generator Sets for the armed services. The responsibility for the procurement of the 15 KW and 30 KW Sets was assigned to the Army and for the...

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