CURTISS-WRIGHT CORPORATION v. McLUCAS

Civ. No. 807-73.

381 F.Supp. 657 (1974)

CURTISS-WRIGHT CORPORATION, Plaintiff, v. John L. McLUCAS, Secretary of the Air Force, Defendant, and Southwest Airmotive Company, a division of Cooper Airmotive, Inc., Intervenor-Defendant.

United States District Court, D. New Jersey.

August 27, 1974.


Attorney(s) appearing for the Case

Meyner & Wiley by John N. Malyska, Newark, N. J., Pettit, Evers & Martin by David V. Anthony, Sellers, Conner & Cuneo by William H. Butterfield, Washington, D. C., for plaintiff.

Robinson, Wayne & Greenberg by Stephen M. Greenberg, Newark, N. J., Reavis, Pogue, Neal & Rose by W. Stanfield Johnson and Jean-Pierre Swennen, Washington, D. C., for intervenor-defendant.

Jonathan L. Goldstein, U. S. Atty. by Richard R. Hellstern, First Asst. U. S. Atty., and Amos Gern, Asst. U. S. Atty., Newark, N. J., for defendant.


OPINION

COOLAHAN, District Judge.

In its earlier opinion in this action, Curtiss-Wright Corp. v. McLucas, 364 F.Supp. 750 (D.N.J.1973), this Court held that plaintiff had failed to show violations of the Armed Services Procurement Act by the Air Force, 10 U.S.C. § 2304 et seq., in the formulation of contract No. F34601-73-D-1444. The Court further determined that the Secretary of Labor (Secretary) was the proper...

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