HORNE BROTHERS, INC. v. LAIRD

No. 72-1392.

463 F.2d 1268 (1972)

HORNE BROTHERS, INC. v. Melvin R. LAIRD, Secretary, Department of Defense, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided May 17, 1972.


Attorney(s) appearing for the Case

Messrs. Robert E. Kopp, Atty., Dept. of Justice, and Joseph M. Hannon, Asst. U. S. Atty., with whom Mr. Walter H. Fleischer, Atty., Dept. of Justice, was on the motion, for appellants. Messrs. Harold H. Titus, Jr., U. S. Atty., John A. Terry and Robert M. Werdig, Jr., Asst. U. S. Attys., also entered appearances for appellants.

Mr. Robert H. Turtle, Washington, D. C., for appellee.

Before LEVENTHAL, ROBINSON and WILKEY, Circuit Judges.


LEVENTHAL, Circuit Judge:

The appellee, Horne Brothers, Inc.,1 was suspended in December, 1971, as a bidder on Department of Defense contracts. Soon thereafter Horne brought an action alleging that the Secretaries of Defense and Navy had acted in violation of law by issuing the suspension and by refusing to award to Horne a repair contract on the naval vessel U.S.S. Francis Marion. The District Court, 342 F.Supp...

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