NKF ENGINEERING, INC. v. UNITED STATES

No. 86-954/1017.

805 F.2d 372 (1986)

NKF ENGINEERING, INC., Appellee/Cross-Appellant, v. The UNITED STATES, Appellant/Cross-Appellee, and Weidlinger Associates, Intervenor.

United States Court of Appeals, Federal Circuit.

November 5, 1986.


Attorney(s) appearing for the Case

L. Marc Zell, of Topf, Zell, Goldstein & Handler, Bethesda, Maryland, argued for appellee. With him on the brief was Keith L. Baker, of Barnett & Alagia, Washington, D.C.

E. Kathleen Shahan, of the Commercial Litigation Branch, Civil Division, Dept. of Justice, Washington, D.C., argued for appellant. With her on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, and Sandra P. Spooner, of the Dept. of Justice. Of counsel were Jean H. Lewis, Elward L. Saul, Wayne R. Wenzel and Mark N. Stempler, of the Dept. of the Navy.

Before RICH and BALDWIN, Circuit Judges, and MILLER, Senior Circuit Judge.


BALDWIN, Circuit Judge.

This is an appeal from an order of the United States Claims Court, 9 Cl.Ct. 585, enjoining the government agency involved from awarding a contract to a contractor other than appellee NKF Engineering, Inc. ("NKF"). The order requires the injunction to remain in effect until the contracting officer ("CO") on remand either (1) reexamines NKF's original disqualification after ascertaining whether NKF's bid was tainted by inside information or ...

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