GIBRALTAR INDUSTRIES, INC. v. UNITED STATES

Appeal No. 83-1287.

726 F.2d 747 (1984)

GIBRALTAR INDUSTRIES, INC., et al., Appellants, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

February 8, 1984.


Attorney(s) appearing for the Case

Walter H. Fleischer, Washington, D.C., submitted for appellants. With him on brief were Alfred F. Belcuore and Steven F. Korostoff, Washington, D.C.

J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director, and Helene M. Goldberg, Washington, D.C., submitted for appellee.

Before FRIEDMAN, KASHIWA and NIES, Circuit Judges.


PER CURIAM.

The Small Business Administration determined that the appellant, Gibraltar Industries, Inc. (Gibraltar), was not a small business concern because it did not meet the agency's size requirement that such concerns are limited to those that, including affiliates, have no more than 500 employees. Since that determination of the Small Business Administration is conclusive upon government contracting officers, 15 U.S.C. § 637(b)(6) (1982), the result was...

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