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SOUTHERN PACKAGING AND STORAGE CO., INC. v. U.S.

Nos. 79-1056, 79-1057.

618 F.2d 1088 (1980)

SOUTHERN PACKAGING AND STORAGE COMPANY, INC., Appellee, v. UNITED STATES of America, Appellant. SOUTHERN PACKAGING AND STORAGE COMPANY, INC., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 24, 1980.

Attorney(s) appearing for the Case

William W. Goodrich, Jr., Washington, D. C. (Matthew S. Perlman, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D. C., David W. Keller, Jr., McGowman, Nettles, Keller & Eaton, P. A., Florence, S. C., on brief), for Southern Packaging and Storage Co., Inc.

Gail V. Coleman, U. S. Dept. of Labor, Washington, D. C. (Carin Ann Clauss, Sol. of Labor, Ronald G. Whiting, Associate Sol., Jack Diamond, U. S. Dept. of Labor, Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Thomas E. Lydon, Jr., U. S. Atty., Columbia, S. C., William Kanter, Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., on brief), for the U. S.

Before WINTER and RUSSELL, Circuit Judges, and JONES, District Judge.

SHIRLEY B. JONES, District Judge:

Southern Packaging and Storage Company, Inc., has for over thirty-five years assembled various component parts of the "Meal Combat Individual" (MCI) field rations (formerly C rations) pursuant to government contracts. Those contracts were issued subsequent to bid solicitations prepared by the Defense Logistics Agency and the Defense Personnel Support Center. The solicitation contained a wage determination prepared by the Employment...

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