AMERON, INC. and
United States Senate, Intervenor,
Thomas P. O'Neill, Speaker of House of Representatives and Bipartisan Leadership Group, Intervenors, Appellees,
v.
U.S. ARMY CORPS OF ENGINEERS; Lt. Col. Michael K. Collmeyer, Contracting Officer, United States of America; and Spiniello Construction Company.
Appeal of UNITED STATES of America.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued October 29, 1985.
Decided March 27, 1986.
As Amended April 4, 1986.
Attorney(s) appearing for the Case
Richard K. Willard, Asst. Atty. Gen. (argued), W. Hunt Dumont, U.S. Atty., Paul Blankenstein, U.S. Dept. of Justice, Appellate Staff, Civ. Div., Washington, D.C., for appellant U.S.
Edward G. D'Alessandro, D'Alessandro, Sussman, Jacovino & Mahoney, Florham Park, N.J., for appellant Spiniello Const. Co.
Michael Davidson, Senate Legal Counsel (argued), Ken U. Benjamin, Jr., Deputy Senate Legal Counsel, Morgan J. Frankel, Asst. Senate Legal Counsel, Washington, D.C., for appellee U.S. Senate.
Theodore I. Botter (argued), Meyner & Landis, Newark, N.J., for appellee Ameron, Inc.
Steven R. Ross, Gen. Counsel to the Clerk, Charles Tiefer, Deputy General Counsel to the Clerk (argued), Michael L. Murray, Assistant Counsel to the Clerk, U.S. House of Representatives, Washington, D.C., for intervenors-appellees Speaker and Bipartisan Leadership Group.
David S. Cohen, Sharon R. Gross, Cohen & White, Washington, D.C., for amicus curiae Computer & Communications Industry Assn.
Harry R. Van Cleve, Gen. Counsel, Seymour Efros, Associate Gen. Counsel, Robert P. Murphy, Atty. (argued), U.S. Gen. Accounting Office, Washington, D.C., for amicus curiae The Comptroller General of the U.S.
Before GARTH, and BECKER, Circuit Judges, and HUYETT, District Judge.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
GARTH, Circuit Judge:
This appeal presents, in a rather prosaic setting, a problem of profound constitutional significance concerning the division of power among the three branches of our federal government. At issue is the constitutionality of the automatic stay provisions of the Competition in Contracting Act (CICA), Pub.L. No. 98-369, Subtitle D, 98 Stat. 1199-1201, codified at 31 U.S.C.A. § 3553 et seq. (West Supp.1985...
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