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ASSOCIATED METALS AND MINERALS CORP. v. CARMEN

No. 81-2263.

704 F.2d 629 (1983)

ASSOCIATED METALS AND MINERALS CORPORATION, Appellant, v. Gerald P. CARMEN (individually, as Administrator of the General Services Admin., acting in his official capacity), et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 22, 1983.

As Amended April 25, 1983.

Attorney(s) appearing for the Case

Stephen N. Shulman, Washington, D.C., with whom Mark C. Ellenberg and Jerome A. Madden, Washington, D.C., were on the brief, for appellant. Frederick P. Waite, Washington, D.C., also entered an appearance for appellant.

John D. Bates, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellees. Kenneth M. Raisler, Asst. U.S. Atty., Washington, D.C., also entered an appearance for appellees.

Before ROBINSON, Chief Judge, MacKINNON and MIKVA, Circuit Judges.

Opinion for the Court filed by Circuit Judge MacKINNON.

Concurring opinion filed by Chief Judge SPOTTSWOOD W. ROBINSON, III.

MacKINNON, Circuit Judge.

Appellant, Associated Metals & Minerals Corp. (Metals), challenges the method by which the General Services Administration (GSA) is disposing of 30,000 tons of surplus tin from the National Defense Stockpile. Congress authorized the disposal of the surplus tin and directed that its disposal "be carried...

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