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EASTERN CANVAS PRODUCTS, INC. v. BROWN

Nos. 76-1738, 77-1505.

580 F.2d 675 (1978)

EASTERN CANVAS PRODUCTS, INC., Appellant, v. Harold BROWN, Secretary of Defense. EASTERN CANVAS PRODUCTS, INC., Appellant, v. Harold BROWN, Secretary of Defense, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 2, 1978.

Attorney(s) appearing for the Case

Walter H. Fleischer, Washington, D. C., with whom Alfred F. Belcuore, Washington, D. C., was on the brief, for appellant.

Peter E. George, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, William D. Pease, Michael J. Ryan and Dennis A. Dutterer, Asst. U. S. Attys., Washington, D. C., were on the brief for appellee, Brown, Secretary of Defense.

Eric S. Benderson, Washington, D. C., also entered an appearance for appellee, Small Business Administration in No. 77-1505.

Before TAMM and MacKINNON, Circuit Judges, and HOWARD T. MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.

Opinion for the court filed by Chief Judge MARKEY.

MARKEY, Chief Judge, United States Court of Customs and Patent Appeals:

Action by Eastern Canvas Products, Inc. (Eastern), a disappointed bidder, seeking to enjoin the award of two Defense Supply Agency (DSA) contracts. Eastern appeals from an Order of the District Court for the District of Columbia denying its motion, and granting defendants' cross-motion, for summary judgment. We reverse and remand.

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