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ATC PETROLEUM, INC. v. SANDERS

Nos. 87-5162, 87-5179.

860 F.2d 1104 (1988)

ATC PETROLEUM, INC., et al., Appellants, v. John C. SANDERS, Administrator, Small Business Administration. KOCH FUELS, INC., Appellant, v. John C. SANDERS, Administrator, Small Business Administration.

United States Court of Appeals, District of Columbia Circuit.

Decided November 4, 1988.

As Amended November 25, 1988.

Attorney(s) appearing for the Case

Edward J. Tolchin, Washington, D.C., for appellants ATC Petroleum, Inc. and Tidewater Fuels, Inc. in No. 87-5162.

Louis K. Obdyke, with whom William E. Shull, Wichita, Kan., and Larry P. Ellsworth, Washington, D.C., were on the brief, for appellant Koch Fuels, Inc. in No. 87-5179.

Michael J. Ryan, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., Claire M. Schenk, Atty., Small Business Admin., John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., were on the brief for appellee.

Eric S. Benderson, Associate Gen. Counsel, Small Business Admin. and George P. Williams, Asst. U.S. Atty., Washington, D.C., also entered appearances for appellee.

Before WILLIAMS, D.H. GINSBURG and BOGGS, Circuit Judges.

Opinions for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

These two cases arise out of two contracts, let under the section 8(a) program established by the Small Business Act of 1958 (the Act), between the Small Business Administration (SBA) and the Defense Fuel Supply Center (DFSC); related subcontracts between SBA and a supplier of fuel oil, Tri-Par Combustion Corp.; and further subcontracts between Tri-Par and appellants...

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