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WILLIAM F. WILKE, INC. v. DEPARTMENT OF ARMY OF U. S.

Nos. 73-1483, 73-1484 and 73-1497.

485 F.2d 180 (1973)

WILLIAM F. WILKE, INC., a Maryland corporation, Appellant, v. DEPARTMENT OF the ARMY OF the UNITED STATES of America et al., Appellees. WILLIAM F. WILKE, INC., Plaintiff-Appellee, v. DEPARTMENT OF the ARMY OF the UNITED STATES of America, and Robert F. Froehlke, Secretary of the Army, Defendants-Appellants, A & M Gregos, Inc., Intervenor-Appellant. WILLIAM F. WILKE, INC., a Maryland corporation, Appellee, v. DEPARTMENT OF the ARMY OF the UNITED STATES of America, and Robert F. Froehlke, Secretary of the Army, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 26, 1973.

Attorney(s) appearing for the Case

Allan J. Malester, Baltimore, Md. (Roy Niedermayer and Gordon, Feinblatt, Rothman, Hoffberger & Hollander, Baltimore, Md., on brief) for appellant and appellee William F. Wilke, Inc.

Robert E. Kopp, Atty., U.S. Dept. of Justice (Harlington Wood, Jr., Asst. U.S. Atty. Gen., George Beall, U.S. Atty., Barbara L. Herwig, Atty., U.S. Dept. of Justice, on brief), for appellee and appellant Dept. of the Army of the United States.

C. Stanley Dees, Washington, D.C. (Sellers, Conner & Cuneo, Washington, D.C., Wilbur D. Preston, Jr., and Whiteford, Taylor, Preston, Trimble & Johnson, Baltimore, Md., on brief), for appellee and intervenor-appellant A & M Gregos, Inc.

Before HAYNSWORTH, Chief Judge, WINTER, Circuit Judge, and KNAPP, District Judge.

HAYNSWORTH, Chief Judge:

A disappointed bidder on a Government contract, we conclude, has standing to contest an award to another whose lower bid was tardy and wrongfully considered, but the District Court, under the circumstances, properly denied injunctive relief and limited the plaintiff to recovery of its bid preparation costs.

On February 20, 1973, the United States Army Corps of Engineers advertised for bids for barracks rehabilitation at Fort George...

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