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McDONALD WELDING v. WEBB

No. 87-3068.

829 F.2d 593 (1987)

McDONALD WELDING and Machine Company, Inc., Plaintiff-Appellee, v. James H. WEBB, Jr., Secretary of the Navy, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 22, 1987.

Rehearing and Rehearing Denied October 30, 1987.

Attorney(s) appearing for the Case

Patrick M. McLaughlin, U.S. Atty., Steve D. Bell (argued), Asst. U.S. Atty., Chief, Civil Div., Cleveland, Ohio, for defendant-appellant.

Charles E. Raley (argued), Israel, Raley & Cohen, Washington, D.C., James S. Phillips, Robert Douglas, Youngstown, Ohio, for plaintiff-appellee.

Maurice H. Bitner (argued), Bitner & Haft, Parsippaney, N.J., Kenneth Bravo, Benesch, Friedlander, Coplan & Aronoff, Cleveland, Ohio, for intervenor-Gichner Mobile.

Before KENNEDY, MILBURN and NORRIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 30, 1987.

CORNELIA G. KENNEDY, Circuit Judge.

Defendant-appellant James H. Webb, Jr., Secretary of the Navy, ("defendant" or "Navy") appeals the District Court's judgment granting partial summary judgment for the plaintiff. The District Court found that the defendant violated 10 U.S.C. § 2305 by awarding a procurement contract to Gichner Mobile Systems ("Gichner...

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