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SUPERIOR ENGINEERING & ELECTRONICS CO. v. SANDERS

No. 87-5530.

833 F.2d 823 (1987)

SUPERIOR ENGINEERING AND ELECTRONICS COMPANY, INC., Plaintiff-Appellant, v. James C. SANDERS, as United States Administrator for Small Business Administration; Wilfredo Gonzalez, As Associate Administrator for Minority Small Business and Capital Ownership Development Assistance; R. Stephen Bangs, as Assistant Regional Administrator for Minority Small Business and Capital Ownership Development Assistance; Mercedes B. Shetter, as Assistant District Director for Minority Small Business and Capital Ownership Development Assistance; United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 1, 1987.

Attorney(s) appearing for the Case

Percy Anderson, Los Angeles, Cal., for plaintiff-appellant.

George H. Wu, Asst. U.S. Atty., Los Angeles, Cal., for defendants-appellees.

Before FLETCHER, FARRIS and O'SCANNLAIN, Circuit Judges.

FARRIS, Circuit Judge:

We understand Superior's contention that its one year term as a participant in Section 8(a) of the Small Business Act, 15 U.S.C. § 637(a) was a sham. The one year term corresponded in substantial part with the period that Superior had been deemed ineligible for the Program. Superior's conclusions about the consequences of the overlapping period are the focus of this appeal.

I.

On December 17, 1973 Superior Engineering...

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