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HAYES INTERNATIONAL CORPORATION v. McLUCAS

No. 73-2765.

509 F.2d 247 (1975)

HAYES INTERNATIONAL CORPORATION, Plaintiff-Appellant, v. Dr. John L. McLUCAS, Secretary of the Air Force, Defendant-Appellee, The Boeing Company, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

March 6, 1975.

Attorney(s) appearing for the Case

Joseph F. Johnston, Drayton Nabers, Jr., Birmingham, Ala., Gilbert A. Cuneo, Robert L. Ackerly, Harvey G. Sherzer, Washington, D. C., for plaintiff-appellant.

Wayman G. Sherrer, U. S. Atty., Charles Stewart, Asst. U. S. Atty., Birmingham, Ala., Patrick Gray, III, Harland F. Leathers, Jeffrey Axelrad, Walter H. Fleischer, David M. Cohen, U. S. Dept. of Justice, Washington, D. C., for Sec. of the Air Force.

Thomas W. Christian, Birmingham, Ala., David E. Wagoner, Seattle, Wash., for Boeing.

Before TUTTLE, COLEMAN and AINSWORTH, Circuit Judges.

TUTTLE, Circuit Judge:

This case involves a suit by an unsuccessful bidder for a Government contract to have the contract awarded to a competitor set aside as being in violation of the regulations of the Department of Defense governing conflicts of interest in Federal procurement, § 1-113.2 and Appendix G of the Armed Services Procurement Regulations (ASPR), 32 C.F.R. § 1-113.2 and Part 141 (1971).1 The successful

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