GLASGOW, INC. v. FEDERAL HIGHWAY ADMIN.

No. 88-1051.

843 F.2d 130 (1988)

GLASGOW, INC., The Nyleve Co., Glasgow, Inc. and The Nyleve Co. Joint Venture v. FEDERAL HIGHWAY ADMINISTRATION and Manuel A. Marks, individually and in his official capacity. Appeal of FEDERAL HIGHWAY ADMINISTRATION.

United States Court of Appeals, Third Circuit.

Decided March 29, 1988.


Attorney(s) appearing for the Case

Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Chief of Appeals, James G. Sheehan, Chief, Civil Div., Charisse R. Lillie (argued), Asst. U.S. Attys., Philadelphia, Pa., Anthony J. McMahon (argued), Chief Counsel, Federal Highway Adm., Washington, D.C., for appellants.

Otis W. Erisman (argued), Gayle Chatilo Sproul, Sharon C. Weinman, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellees.

Before WEIS, GREENBERG and ALDISERT, Circuit Judges.


OPINION OF THE COURT

GREENBERG, Circuit Judge.

This matter comes before the court on appeal pursuant to 28 U.S.C. § 1291 from an order of the district court granting a request for a permanent injunction. The court enjoined the defendant Federal Highway Administration ("FHWA") from withholding concurrence, pursuant to the Federal-Aid Highway Act ("Act"), 23 U.S.C. § 112, to a highway construction contract awarded to plaintiffs, Glasgow, Inc. and...

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