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DAVIS ASSOCIATES, INC. v. SECRETARY, DEPT. OF HOUS. & U. D.

No. 74-1149.

498 F.2d 385 (1974)

DAVIS ASSOCIATES, INC., Plaintiff, Appellant, v. SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, and Dover Housing Authority, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 28, 1974.

Attorney(s) appearing for the Case

David A. Brock, Concord, N. H., with whom Perkins, Douglas & Brock, Concord, N. H., was on brief, for appellant.

Joseph M. Corwin, Boston, Mass., with whom Corwin & Corwin, Boston, Mass., and Donald R. Bryant, Dover, N. H., were on brief, for Dover Housing Authority, appellee.

Robert A. Schwartz, Asst. U. S. Atty., with whom William J. Deachman, U. S. Atty., and David Sonenshein, Atty., Office of Regional Counsel, Dept. of Housing and Urban Development, Concord, N. H., were on brief, for Secretary, Dept. of Housing and Urban Development, appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

McENTEE, Circuit Judge.

Davis Associates brought this action in the district court for equitable relief contending, in essence, that the defendants abused their statutory discretion in rejecting its bid for the main contract on a federally-assisted housing project. The district court dismissed the action on the ground that defendants' rejection of the bid was not "reviewable." We affirm the dismissal, but base our decision on a somewhat different line of reasoning...

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