PETER KIEWIT SONS' CO. v. U.S. ARMY CORPS OF ENG.

No. 82-1461.

714 F.2d 163 (1983)

PETER KIEWIT SONS' CO. v. U.S. ARMY CORPS OF ENGINEERS, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 9, 1983.


Attorney(s) appearing for the Case

Judith Bartnoff, 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 appellants.

W. Stanfield Johnson, Washington, D.C., with whom Eldon H. Crowell and Warren J. DeVecchio, Washington, D.C., were on the brief, for appellee.

Michael Davidson, Senate Legal Counsel, M. Elizabeth Culbreth, Deputy Senate Legal Counsel, and Morgan J. Frankel, Asst. Senate Legal Counsel, Washington, D.C., were on the brief, for amicus curiae, urging reversal.

Before MIKVA and EDWARDS, Circuit Judges, and BAZELON, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge BAZELON.

BAZELON, Senior Circuit Judge:

The Army1 appeals from the district court's action (1) enjoining completion of its administrative debarment proceeding against appellee, and (2) ordering that appellee not be debarred.2 The court rested its action on a finding that improper congressional interference had voided the administrative proceeding ab...

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