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TORNCELLO v. UNITED STATES

No. 486-80C.

681 F.2d 756 (1982)

Ronald A. TORNCELLO and Soledad Enterprises, Inc. v. The UNITED STATES.

United States Court of Claims.

June 16, 1982.

Attorney(s) appearing for the Case

Robert L. Purvin, Jr., San Diego, Cal., for plaintiffs. Lawrence W. Campbell, San Diego, Cal., atty. of record.

Richard W. Oehler, with whom was Asst. Atty. Gen. J. Paul McGrath, Washington, D. C., for defendant.

Before FRIEDMAN, Chief Judge, and DAVIS, NICHOLS, KASHIWA, BENNETT and SMITH, Judges, en banc.

BENNETT, Judge:

This is a government contract case, before us on motions for summary judgment. At issue is the government's diversion of business away from a party, with whom it had executed a requirements contract, to a competing bidder on the original solicitation. The government defends that this diversion was justified by the constructive application to its actions of the standard "termination for the convenience of the government" clause in federal procurement...

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