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COMMERCIAL ENERGIES, INC. v. CHENEY

Civ. A. No. 90-B-1615.

745 F.Supp. 647 (1990)

COMMERCIAL ENERGIES, INC., a Colorado corporation, Plaintiff, v. Hon. Richard B. CHENEY, Secretary of the Department of Defense; C. McCausland, Lt. Gen., Director Defense Logistics Agency; Grant H. Horn, Jr., Colonel, Deputy Director Defense Fuel Service Center; and Patricia A. Hatcher, DLA Contracting Officer, Defendants.

United States District Court, D. Colorado.

September 24, 1990.

Attorney(s) appearing for the Case

Gregory Kellam Scott, Denver, Colo., for plaintiff.

Paula Ray, Asst. U.S. Atty., Denver, Colo., for defendants.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

This is a review of administrative action under the Administrative Procedures Act (APA), 5 U.S.C. § 706(2). Plaintiff challenges the Defense Fuel Supply Center's (DFSC) decision to refuse to suspend a contract that is the subject of an unresolved protest before the Office of General Accounting. For the reasons discussed below plaintiff's request for relief is denied.

On May 25, 1990, the...

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