DELTA DATA SYSTEMS CORP. v. WEBSTER

Nos. 84-5356, 84-5362.

744 F.2d 197 (1984)

DELTA DATA SYSTEMS CORPORATION v. William H. WEBSTER, Director, Federal Bureau of Investigation, et al., and System Development Corporation, Appellants. (Two Cases)

United States Court of Appeals, District of Columbia Circuit.

Decided September 21, 1984.


Attorney(s) appearing for the Case

Stuart Henry Newberger, Asst. U.S. Atty., Washington, D.C., with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Attys., and Anthony J. Steinmeyer, Atty., Dept. of Justice, Washington, D.C., were on the brief, for federal appellants.

William H. Butterfield, Alexandria, Va., with whom Bernard Fried, Camarillo, Cal., was on the brief, for appellant System Development Corporation.

Thomas Earl Patton, Washington, D.C., with whom Paul G. Dembling and Sharon Freed, Washington, D.C., were on the brief, for appellees.

Before ROBINSON, Chief Judge, BORK and SCALIA, Circuit Judges.


Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

The district court in this government procurement case concluded that the FBI had acted irrationally and arbitrarily and had violated federal procurement law in awarding a contract for computer terminals and other equipment to System Development Corporation, a subsidiary of Burroughs Corporation ("SDC"). It enjoined the FBI to terminate that contract and to enter into a contract with...

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