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J. H. RUTTER REX MFG. CO., INC. v. UNITED STATES

Civ. A. No. 80-2865.

534 F.Supp. 331 (1982)

J. H. RUTTER REX MANUFACTURING CO., INC. v. UNITED STATES of America, Harold Brown, Secretary of Defense, Lt. General Gerald J. Post, Director, Defense Logistics Agency, General Emmett Bowers, Commander, Defense Personnel Support Center, Frank L. Coccia, Director, Clothing and Textiles Directorate, Defense Personnel Support Center, Defendants. DeRossi & Son Company, Intervenor.

United States District Court, E. D. Louisiana.

February 19, 1982.

Attorney(s) appearing for the Case

Daniel Lund, New Orleans, La., for plaintiff.

Elizabeth A. O'Connell, Asst. U. S. Atty., New Orleans, La., June Rose Carbone, Sandra M. Schraibman, Attys., Dept. of Justice, Washington, D. C., for defendants.

Phillip A. Wittmann, New Orleans, La., Dennis J. Riley, for defendant-intervenor.

CASSIBRY, District Judge:

MOTIONS FOR SUMMARY JUDGMENT

This action is before the court on cross-motions of the parties for summary judgment.1 At issue is the legality of the Department of Defense ("DOD") regulations governing the set-aside of certain military procurement contracts for small business concerns, codified at 32 C.F.R. Part 7. Plaintiff, a manufacturer of military clothing, ineligible for the program because of its...

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