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OLD DOMINION DAIRY v. SECRETARY OF DEFENSE

No. 79-1821.

631 F.2d 953 (1980)

OLD DOMINION DAIRY PRODUCTS, INC., Appellant, v. SECRETARY OF DEFENSE et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 29, 1980.

As Amended October 30, 1980.

Attorney(s) appearing for the Case

Charles D. Ablard, Washington, D. C., for appellant.

William J. Bowman, Asst. U. S. Atty., Washington, D. C., at the time the brief was filed with whom John A. Terry, Michael W. Farrell, Asst. U. S. Attys., Carl S. Rauh, U. S. Atty., Washington, D. C., were on brief, for appellees.

Before TAMM, ROBINSON and EDWARDS, Circuit Judges.

Opinion for the court filed by Circuit Judge EDWARDS.

EDWARDS, Circuit Judge:

This case raises significant questions concerning the manner in which a Government agency (in this case the Department of Defense) may deal with prospective Government contractors. In 1979, appellant, Old Dominion Dairy Products, Inc. (ODDPI), was denied a substantial Government contract, for which it was low bidder, pursuant to a determination by the Government agency's contracting...

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