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H. LANDAU & CO. v. U.S.

No. 89-1199.

886 F.2d 322 (1989)

H. LANDAU & COMPANY, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

As Amended on Grant of Rehearing December 11, 1989.

Attorney(s) appearing for the Case

Ruth E. Ganister, Rosenthal and Ganister, West Chester, Pa., argued, for plaintiff-appellant.

Stephen J. McHale, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for defendant-appellee; with him on the brief were John R. Bolton, Asst. Atty. Gen. and David M. Cohen, Director.

Before MARKEY, Chief Judge, and NEWMAN, and BISSELL, Circuit Judges.

BISSELL, Circuit Judge.

H. Landau & Co. (Landau) appeals the United States Claims Court's judgment granting the government's summary judgment motion and dismissing the complaint. See H. Landau & Co. v. United States, 16 Cl.Ct. 35 (1988). We vacate and remand.

BACKGROUND

In 1983, the Defense Personnel Support Center (DPSC), pursuant to Section 2[8](a) of the Small Business Act, 15 U.S.C. § 637(a) (1982 & Supp.V 1987), contracted...

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