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CINCINNATI ELECTRONICS CORPORATION v. KLEPPE

Nos. 73-2046 and 74-1170.

509 F.2d 1080 (1975)

CINCINNATI ELECTRONICS CORPORATION, Plaintiff-Appellant, v. Thomas S. KLEPPE, Administrator, Small Business Administration, and Howard H. Callaway, Secretary of the Army, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

January 31, 1975.

Attorney(s) appearing for the Case

Thomas S. Calder, Dinsmore, Shohl, Coates & Deupree, Cincinnati, Ohio, Robert L. Ackerly, Joseph S. Wager, Sellers, Conner & Cuneo, Washington, D.C., for plaintiff-appellant in both cases.

William W. Milligan, U. S. Atty., Grayce M. Ruehlman, Cincinnati, Ohio, Byron Trapp, Robert E. Kopp, David M. Cohen, Carla Hills, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., for defendants-appellees in both cases.

Before PHILLIPS, Chief Judge, and CELEBREZZE and LIVELY, Circuit Judges.

LIVELY, Circuit Judge.

This case presents consolidated appeals by an unsuccessful bidder for a government contract from two adverse rulings by the district court. On March 24, 1972 the Army issued invitations to bid on a multi-year procurement of radio sets. The invitations stated that 50 per cent of the total quantity would be set aside for award by negotiation to concerns located in labor surplus areas. First priority...

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