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CHOCTAW MFG. CO., INC. v. UNITED STATES

No. 84-7485.

761 F.2d 609 (1985)

CHOCTAW MANUFACTURING CO., INC., Plaintiff-Appellant, v. UNITED STATES of America; Caspar Weinberger, Sec. of Defense; Frank L. Coccia, Dir., Clothing & Textiles Directorate, Defense Personnel Support Center, and J.H. Rutter Rex Manufacturing Company, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 7, 1985.

Attorney(s) appearing for the Case

Champ Lyons, Jr., Mobile, Ala., Dennis J. Riley, Donald W. Fowler, Washington, D.C., for plaintiff-appellant.

Molly Houghton Colburn, Philadelphia, Pa., Ginny Granade, Asst. U.S. Atty., Mobile, Ala., for U.S.

Daniel Lund, New Orleans, La., Reggie Copeland, Jr., Mobile, Ala., for Rutter Rex Mfg. Co.

Before TJOFLAT and JOHNSON, Circuit Judges, and DUMBAULD, District Judge.

TJOFLAT, Circuit Judge:

This is a suit by an unsuccessful bidder, Choctaw Manufacturing Co., Inc. (Choctaw), over two Department of Defense contracts the Department had set aside for "small businesses" pursuant to the Small Business Act, 15 U.S.C. § 631 et seq. (1982), and the Armed Services Procurement Act, 10 U.S.C. § 2301 et seq. (1982). In its complaint, Choctaw alleged that the Department's contracting officer violated the law governing...

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