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GELLNER v. DEPARTMENT OF ARMY

No. 78-1743.

595 F.2d 1125 (1979)

Ken GELLNER, also known as Kenneth Gellner, doing business as D & K Construction, Appellant, v. DEPARTMENT OF the ARMY and Clifford L. Alexander, Jr., as Secretary of the Army, and the Corps of Engineers of the Department of the Army and John W. Morris as Chief Engineer, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 21, 1979.

Attorney(s) appearing for the Case

Robert Q. Price of Price & Laqua, Langdon, N. D., on brief, for appellant.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., James R. Britton, U. S. Atty., Fargo, N. D., Ronald R. Glancz and Douglas N. Letter, Attys., App. Staff, Civ. Div., Dept. of Justice, Washington, D. C., on brief, for appellees.

Before GIBSON, Chief Judge, and ROSS and McMILLIAN, Circuit Judges.

PER CURIAM.

Gellner appeals from the District Court's1 dismissal of his complaint seeking a declaratory judgment that the government improperly rejected his bid for government property and accepted a bid that was unresponsive to the bid invitation. We affirm on the basis of the district court's well-reasoned memorandum opinion.

The Department of the Army, Omaha District, Corps of Engineers invited bids on excess government property...

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