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CONTINENTAL BUSINESS ENTERPRISES, INC. v. UNITED STATES

No. 160-69.

452 F.2d 1016 (1971)

CONTINENTAL BUSINESS ENTERPRISES, INC., v. The UNITED STATES.

United States Court of Claims.

December 10, 1971.

Attorney(s) appearing for the Case

David Fromson, Garden City, N. Y., attorney of record, for plaintiff.

Michael J. Rubin, Washington, D. C., with whom was Asst. Atty. Gen. L. Patrick Gray, III, for defendant.

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

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

COWEN, Chief Judge.

This case comes before the court on defendant's motion for summary judgment. Plaintiff, Continental Business Enterprises, Inc. (CBE), is seeking to recover the amount it expended in preparing a procurement proposal which it contends was not fairly and honestly considered. We must determine whether there are factual disputes which raise a sufficient inference of arbitrary and capricious action...

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