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BARRIER INDUSTRIES, INC. v. ECKARD

No. 77-1530.

584 F.2d 1074 (1978)

BARRIER INDUSTRIES, INC., Appellants, v. Jack M. ECKARD et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 15, 1978.

Attorney(s) appearing for the Case

Allen M. Hutter, Washington, D. C., with whom Hugh H. Lewis, Washington, D. C., were on the brief for Barrier Industries, Inc.

Earl J. Silbert, U. S. Atty., Washington, D. C., with whom John A. Terry, David R. Schlee, Kenneth M. Raisler, Asst. U. S. Attys., Washington, D. C., were on the brief for Jack M. Eckard, et al.

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

Opinion for the court filed by MARKEY, Chief Judge.

MARKEY, Chief Judge:

Appeal from an order of the district court granting appellees' (Eckard's)** motion for summary judgment in an action involving General Services Administration contracts to purchase liquid floor wax. We affirm.

FACTS

We adopt the pertinent portions of Judge Howard F. Corcoran's excellent presentation of the facts:1

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