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AMERON, INC. v. U.S. ARMY CORPS OF ENGINEERS

No. 85-1064.

607 F.Supp. 962 (1985)

AMERON, INC., Plaintiff, v. U.S. ARMY CORPS OF ENGINEERS, Lt. Col. Michael K. Collmeyer, Contracting Officer, United States of America, and Spiniello Construction Company, Defendants.

United States District Court, D. New Jersey.

March 27, 1985.

Attorney(s) appearing for the Case

Theodore Botter, Meyer and Landis, Newark, N.J., for Ameron Inc.

Charles Tiefer, Deputy Gen. Counsel to the Clerk, Steven R. Ross, Gen. Counsel to the Clerk, Michael L. Murray, Asst. Counsel to the Clerk, for plaintiff-intervenors, Speaker and Bipartisan Leadership of the U.S. House of Representatives.

Morgan Frankel, Asst. Senate Legal Counsel, Michael Davidson, Senate Legal Counsel, Washington, D.C., for plaintiff-intervenor, U.S. Senate.

Edward G. Spell, Asst. U.S. Atty., Deputy Chief, Civ. Div., Newark, N.J., for the U.S. Army Corps. of Engineers.

Edward G. D'Allessandro, Brian Mahoney, D'Allessandro, Sussman, Jacovino & Mahoney, Florham Park, N.J., for defendant Spiniello Const. Co.

Robert Murphy, Harry Van Cleve, for Comptroller General, Washington, D.C., as amicus curiae.

MEMORANDUM OPINION

HAROLD A. ACKERMAN, District Judge.

THE COURT: Had the conscientious secretary who started this controversy with one little dab of correctional fluid known what would ensue, I wonder whether she would have ever taken that first typing course.

The plaintiff in this action, Ameron, Inc., was the lowest bidder on a pipe-cleaning project for West Point Military Academy. Ameron's bid was $1,033,000. The next lowest bid was submitted...

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