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NORTHEAST CONSTRUCTION COMPANY v. ROMNEY

Nos. 71-1650, 71-1891 and 71-1893.

485 F.2d 752 (1973)

NORTHEAST CONSTRUCTION COMPANY v. George ROMNEY, Secretary of Housing and Urban Development, and Elmer B. Staats, Comptroller General of the United States. BIRD ASSOCIATES, INC., Appellant. NORTHEAST CONSTRUCTION COMPANY v. George ROMNEY, Secretary of Housing and Urban Development, et al. BIRD ASSOCIATES, INC., Appellant. NORTHEAST CONSTRUCTION COMPANY v. George ROMNEY, Secretary of Housing and Urban Development, et al., Appellants, Bird Associates, Inc.

United States Court of Appeals, District of Columbia Circuit.

Decided March 6, 1973.

Rehearing Denied June 6, 1973.

Attorney(s) appearing for the Case

Roger K. Zuker, Oxon Hill, with whom Gary R. Alexander, Marlow Heights, Md., was on the brief, for appellant in Nos. 71-1650 and 71-1891.

Eloise E. Davies, Atty., Dept. of Justice, with whom L. Patrick Gray, III, Asst. Atty. Gen. at the time the brief was filed, Harold H. Titus, Jr., U. S. Atty., and Alan S. Rosenthal, Atty., Dept. of Justice, were on the brief, for appellants in No. 71-1893. Thomas A. Flannery, U. S. Atty. at the time the record was filed and Morton Hollander, Atty., Dept. of Justice, also entered appearances for appellants in No. 71-1893.

Abraham J. Harris, Washington, D. C., for appellee.

Before BAZELON, Chief Judge, and TAMM and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

This appeal is from a preliminary injunction enjoining the Secretary of Housing and Urban Development (HUD) from awarding a contract, for the rehabilitation of certain public housing units in the Anacostia section of Washington, D. C., to anyone other than the plaintiff, Northeast Construction Company.1 We reverse.

I. Material Facts; and District Court's Order...

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