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DELZER CONSTRUCTION CO. v. UNITED STATES

No. 73-1219.

487 F.2d 908 (1973)

DELZER CONSTRUCTION CO. et al., Appellees, v. UNITED STATES of America et al., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided December 4, 1973.

Attorney(s) appearing for the Case

Thomas G. Wilson, Atty., Dept. of Justice, Washington, D. C., for appellants.

Gene R. Bushnell, Rapid City, S. D., for appellees.

Before LAY and BRIGHT, Circuit Judges, and EISELE, District Judge.

PER CURIAM.

The Government appeals from a judgment of the United States District Court for the District of South Dakota which permanently enjoins the Federal Highway Administration (FHWA) from conducting proceedings under 23 C.F.R. § 2.1 et seq. to debar plaintiff-appellees, South Dakota contractors, for one year as construction contractors on federally-funded highway projects. We reverse because the action, as brought by appellees is premature.

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