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WHEELABRATOR CORPORATION v. CHAFEE

Nos. 24705, 24729.

455 F.2d 1306 (1971)

The WHEELABRATOR CORPORATION v. John H. CHAFEE, Secretary of the Navy, et al., Appellants. The WHEELABRATOR CORPORATION v. John H. CHAFEE, Secretary of the Navy, et al., The Carborundum Company, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Judgment January 26, 1971.

Opinion October 14, 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 appellant Chafee in No. 24,705. Messrs. Morton Hollander, Atty., Department of Justice, and John A. Terry and Robert M. Werdig, Jr., Asst. U. S. Attys., also entered appearances for appellant Chafee in No. 24,705.

Mr. David E. McGiffert, Washington, D. C., for appellant in No. 24,729.

Mr. Daniel A. Rezneck, Washington, D. C., with whom Mr. James A. Dobkin, Washington, D. C., was on the brief, for appellee.

Before FAHY, Senior Circuit Judge, and LEVENTHAL and MacKINNON, Circuit Judges.

LEVENTHAL, Circuit Judge:

This is an appeal from a preliminary injunction restraining Navy officials from opening any bid, awarding any contract, or in any other way carrying out a Solicitation for a portable ship hull cleaning device. On January 26, 1971, we entered our judgment of reversal, stating that "the complaint, motion, and affidavits filed by the plaintiff do not show sufficient likelihood of success on the merits...

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