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FISCHBACH AND MOORE, ETC. v. UNITED STATES

Nos. 377-78, 385-78.

617 F.2d 223 (1980)

FISCHBACH AND MOORE INTERNATIONAL CORP. v. The UNITED STATES. PIERCE ASSOCIATES, INC. v. The UNITED STATES.

United States Court of Claims.

March 19, 1980.

Attorney(s) appearing for the Case

Geoffrey T. Keating, Washington, D. C., attorney of record, for plaintiff Fischbach and Moore. Roy S. Mitchell, Thomas M. Brownell and Lewis, Mitchell & Moore, Washington, D. C., of counsel.

George M. Beasley, III, Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant in No. 377-78.

Jack Rephan, Washington, D. C., attorney of record, for plaintiff Pierce Associates. Braude, Margulies, Sacks & Rephan, Washington, D. C., of counsel.

Ray Goddard, Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant in No. 385-78.

Before DAVIS, BENNETT and SMITH, Judges.

ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

ON PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS, OR, ALTERNATIVELY, FOR SUMMARY JUDGMENT

DAVIS, Judge:

These two cases, argued in tandem, present the question of whether, under S & E Contractors, Inc. v. United States, 406 U.S. 1, 92 S.Ct. 1411, 31 L.Ed.2d 658 (1972), the heads of two separate procuring agencies could...

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