SMITH & WESSON v. UNITED STATES

No. 85-1697.

782 F.2d 1074 (1986)

SMITH & WESSON, DIVISION OF BANGOR PUNTA CORPORATION, Appellant, v. UNITED STATES of America, and John O. Marsh, Jr., Secretary of the Army, Appellees.

United States Court of Appeals, First Circuit.

Decided February 4, 1986.

Rehearing and Rehearing Denied March 4, 1986.


Attorney(s) appearing for the Case

Charles E. Raley, Washington, D.C., with whom James S. Phillips and Israel and Raley, Chartered, Washington, D.C., were on brief for appellant.

C. Brian McDonald, Asst. U.S. Atty., Washington, D.C., with whom William F. Weld, U.S. Atty., Boston, Mass., were on brief for appellees.

Before CAMPBELL, Chief Judge, and BOWNES and BREYER, Circuit Judges.


Rehearing and Rehearing En Banc Denied March 4, 1986.

BOWNES, Circuit Judge.

After being eliminated as a candidate for a contract to supply the military with .9mm pistols, Smith & Wesson (S & W) brought an action in the district court seeking to reverse the Army's decision that the pistols manufactured by it failed two of the Army's test requirements. The district court found against S & W and refused to enjoin the Army from further proceeding...

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