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ICONCO v. JENSEN CONST. CO.

Nos. 79-1824, 79-1860.

622 F.2d 1291 (1980)

ICONCO, a corporation, Plaintiff, Appellee, and Cross-Appellant, v. JENSEN CONSTRUCTION COMPANY, a corporation, Defendant, Appellant, and Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 12, 1980.

Attorney(s) appearing for the Case

W. Don Brittin, Jr., Nyemaster, Goode, McLaughlin, Emery & O'Brien, Des Moines, Iowa (argued), and Randall G. Horstmann, Des Moines, Iowa, on brief, for Jensen.

Wade H. Hover, Los Gatos, Cal. (argued), Richard G. Langdon and William R. Clark, Jr., Herrick, Langdon & Langdon, Des Moines, Iowa, on brief, for Iconco.

Before HEANEY and ARNOLD, Circuit Judges, and WRIGHT, District Judge.

ARNOLD, Circuit Judge.

This is a diversity case. Iconco, the plaintiff below, was the second lowest bidder on a small-business "set aside" construction contract let by the Corps of Engineers. Jensen Construction Company, the low bidder, was awarded the contract. Iconco filed suit in the United States District Court for the Southern District of Iowa claiming that Jensen, in making its bid, falsely certified that it was a small business under federal law and was awarded...

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