SHOALS AMERICAN INDUSTRIES, INC. v. U.S.

No. 88-7670.

877 F.2d 883 (1989)

SHOALS AMERICAN INDUSTRIES, INC., Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant, J.D. Bertolini Industries, Ltd., Intervenor-Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 17, 1989.


Attorney(s) appearing for the Case

Judith Bartnoff, Patton, Boggs & Blow Washington, D.C., for J.D. bertolini.

Freddi Lipstein, Mary K. Doyle, and Anthony J. Steinmeyer, Appellate Staff Civ. Div., U.S. Dept. of Justice, Washington, D.C., for the U.S.

William W. Goodrich, Jr., Kathryn T. Harris, and Arent, Fox, Kintner, Plotkin & Kahn, Vienna, Va., for plaintiff-appellee.

Before KRAVITCH and CLARK, Circuit Judges, and HENDERSON, Senior Circuit Judge.


KRAVITCH, Circuit Judge:

Shoals American Industries, Inc. (Shoals) originally brought this action as an unsuccessful bidder seeking injunctive and declaratory relief against defendant-appellant, the United States and defendant-intervenor-appellant J.D. Bertolini, Inc. (Bertolini). The district court granted the requested relief and enjoined the United States Navy from awarding a manufacturing contract to Bertolini. We reverse.

I. BACKGROUND

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