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SCANWELL LABORATORIES, INC. v. THOMAS

No. 73-1796.

521 F.2d 941 (1975)

SCANWELL LABORATORIES, INC., Appellant, v. David D. THOMAS, Acting Administrator of the Federal Aviation Administration, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 23, 1975.

Attorney(s) appearing for the Case

John M. Calimafde, New York City, with whom Paul H. Blaustein, Washington, D. C., was on the brief for appellant.

Barbara L. Herwig, Atty., Dept. of Justice, with whom Carla A. Hills, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., and Stephen F. Eilperin, Atty., Dept. of Justice, were on the brief for appellee Administrator of the Federal Aviation Administration.

David V. Anthony, Washington, D. C., for appellee, Cutler-Hammer, Inc.

Before LEVENTHAL and ROBINSON, Circuit Judges, and DAVIS, Judge, United States Court of Claims.

Opinion for the Court filed by Judge DAVIS.

DAVIS, Judge:

This is the latest round in a government bid protest which has been in the courts since 1969 when the Federal Aviation Administration awarded, over the objection of plaintiff-appellant Scanwell Laboratories, Inc. (Scanwell), a contract to the Airborne Instrument Laboratory (AIL), a division of defendant Cutler-Hammer, Inc., to construct and install ten Instrument Landing Systems (ILS). Plaintiff's original...

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