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CHEMUNG COUNTY v. DOLE

No. 392, Docket 85-6319.

781 F.2d 963 (1986)

CHEMUNG COUNTY, Plaintiff-Appellee, v. Elizabeth H. DOLE, Secretary of Transportation, Department of Transportation; Donald D. Engen, Administrator, Federal Aviation Administration; A.P. Bona, Jr., Facility Project Officer, Automated Flight Service Station; Federal Aviation Administration; and Department of Transportation, Defendants-Appellees, Niagara Frontier Transportation Authority, Intervenor-Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 23, 1986.

Attorney(s) appearing for the Case

Richard F. Griffin, Buffalo, N.Y. (Gary F. Kotaska, James D. Donathen, Allithea E. Lango, Dominic J. Terranova, Moot & Sprague, Buffalo, N.Y., of counsel), for intervenor defendant-appellant Niagara Frontier Transp. Authority.

John F. O'Mara, Elmira, N.Y. (David E. Sellinger, Lauryn Guttenplan Grant, Davidson & O'Mara, P.C., Elmira, N.Y., of counsel), Judith Richards Hope, Washington, D.C. (Paul, Hastings, Janofsky & Walker, Washington, D.C., of counsel), for plaintiff-appellee Chemung County.

Theron A. Gray, Asst. Chief Counsel to U.S. Atty. for W.D.N.Y., Rochester, N.Y. (Rosemary G. Roberts, Asst. U.S. Atty., Patricia A. McNall, F.A.A., Salvatore R. Martoche, U.S. Atty. for W.D.N.Y., Rochester, N.Y., of counsel), for defendants-appellees.

Before NEWMAN, CARDAMONE and MINER, Circuit Judges.

CARDAMONE, Circuit Judge:

The novel issue presented on this expedited appeal is whether a district court has subject matter jurisdiction to grant equitable relief to prevent a government agency from denying a successful bidder a government contract. Serious questions are raised regarding the jurisdiction of the district court to review government procurement processes and the court's power to intercede on behalf of parties claiming to have been injured by the arbitrary...

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