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KINNETT DAIRIES, INC. v. FARROW

No. 77-3374.

580 F.2d 1260 (1978)

KINNETT DAIRIES, INC., Plaintiff-Appellee, v. J. C. FARROW, etc., et al., Defendants-Appellants, Flav-O-Rich, Inc., Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 26, 1978.

Attorney(s) appearing for the Case

Richard A. Gladstone, John F. Sherlock, William S. Glading, Mark F. Evens, Anthony J. Steinmeyer, Dept. of Justice, Washington, D. C., for Federal appellants, J. C. Farrow.

James E. Humes, Albert W. Stubbs, Columbus, Ga., for plaintiff-appellee.

Before WISDOM, GOLDBERG and RUBIN, Circuit Judges.

GOLDBERG, Circuit Judge:

This appeal from the grant of a preliminary injunction prohibiting performance of a government contract by a large business concern raises a series of issues relating to the regulations governing the set-aside of certain military procurements for bidding restricted to small business concerns. While the questions most directly placed before us are the proper interpretation of a procurement regulation and the permissibility of certain management...

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