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SPENCER, WHITE & PRENTIS, INC. v. U.S., ETC.

No. 157, Docket 80-6099.

641 F.2d 1061 (1981)

SPENCER, WHITE & PRENTIS, INC. and Seatec International, Ltd., a Joint Venture, and Morrison-Knudsen Company, Inc., Plaintiffs-Appellants, v. UNITED STATES of America ENVIRONMENTAL PROTECTION AGENCY, Southwest Sewer District in the County of Suffolk, aka County Sewer District No. 3, County of Suffolk of the State of New York, and Great American Insurance Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 10, 1981.

Attorney(s) appearing for the Case

Marian Lewis, New York City (Tunstead & Schechter, New York City, of counsel), for appellants.

Richard H. Dolan, Asst. U. S. Atty., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty., E. D. N. Y., Miles M. Tepper, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for appellee United States Environmental Protection Agency.

Erick F. Larsen, Asst. County Atty., County of Suffolk, Hauppauge, N. Y. (David J. Gilmartin, Suffolk County Atty., Hauppauge, N. Y., of counsel), for appellee County Sewer District.

Henry James Wallach, New York City (Harold Aspis, Hart & Hume, New York City, of counsel), for appellee Great American Ins. Co.

Before LUMBARD, MANSFIELD and MESKILL, Circuit Judges.

MANSFIELD, Circuit Judge:

Plaintiffs, Spencer, White & Prentis, Inc. (Spencer), a joint venture with its subsidiary Seatec International Ltd., and Morrison-Knudsen Company, Inc., were bidders on a contract for completion of a federally subsidized sewer system being constructed for the County of Suffolk, New York (Suffolk), a state subdivision.1 Plaintiffs claim that their bids were rejected by Suffolk in favor of another joint venture...

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