AMERON, INC., Appellee, and
United States Senate Thomas P. O'Neill, Speaker of House of Representatives and Bipartisan Leadership Group, and
Charles A. Bowsher, the Comptroller General of the United States, Intervenors-Appellees,
v.
UNITED STATES 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.
Reargued September 15, 1986.
Decided December 31, 1986.
Rehearing and Rehearing Denied February 27, 1987.
Attorney(s) appearing for the Case
Richard K. Willard, Asst. Atty. Gen., Thomas W. Greelish, U.S. Atty., Newark, N.J., William Kanter, Harold J. Krent (argued), Douglas N. Letter, Appellate Staff, Civil Div., Room 3348, Dept. of Justice, Washington, D.C., for appellant.
Edward D'Allessandro, D'Allessandro, Sussman, Jacovino & Mahoney, Florham Park, N.J., for Spiniello Const. Co.
Theodore I. Botter, Meyner & Landis, Newark, N.J., for Ameron, Inc.
Michael Davidson, Senate Legal Counsel, Ken U. Benjamin, Jr., Deputy Senate Legal Counsel, Morgan J. Frankel (argued), Asst. Senate Legal Counsel, Office of Senate Legal Counsel, Washington, D.C., for appellee, U.S. Senate.
Steven R. Ross (argued), General Counsel to the Clerk, Charles Tiefer, Deputy General Counsel to the Clerk, Janina A. Jaruzelski, Asst. Counsel to the Clerk, U.S. House of Representatives, Washington, D.C., for Appellees Speaker and Bipartisan Leadership Group of the House of Representatives.
Harry R. Van Cleve, General Counsel, Robert P. Murphy (argued), Seymour Efros, Ronald Berger, Washington, D.C., for Comptroller General of the U.S. as intervenor-appellee.
Sharon Rae Gross, David S. Cohen, Cohen & White, Washington, D.C., for Computer and Communications Industry Ass'n ("CCIA") — amicus curia on behalf of appellees.
Before BECKER and GARTH, Circuit Judges, and HUYETT, District Judge.
United States Court of Appeals, Third Circuit.
Rehearing and Rehearing En Banc Denied February 27, 1987.
OPINION OF THE COURT
BECKER, Circuit Judge.
This appeal from a judgment of the district court for the District of New Jersey is before us on panel rehearing in the wake of the Supreme Court's decision in Bowsher v. Synar, ___ U.S. ___, 106 S.Ct. 3181, 92 L.Ed.2d 583 (1986). There the Supreme Court struck down certain provisions of the Gramm-Rudman-Hollings Act as unconstitutional because...
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