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CUBIC CORP. v. CHENEY

No. 89-5277.

914 F.2d 1501 (1990)

CUBIC CORPORATION, Appellant, v. Richard C. CHENEY, Secretary of Defense and Kollsman, a Division of Sequa Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 21, 1990.

Attorney(s) appearing for the Case

Mark D. Attorri, with whom N. Richard Janis, William J. Spriggs, and Joseph A. Artabane, Washington, D.C., were on the brief, for appellant.

Sharon A. Cohen, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellees.

John S. Pachter and Arthur I. Leaderman, Vienna, D.C., were on the brief for intervenor.

Before WALD, Chief Judge, EDWARDS, and D.H. GINSBURG, Circuit Judges.

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

D.H. GINSBURG, Circuit Judge:

Cubic Corporation bid for a contract to produce an Air Force instrumentation system, but the Air Force found that Cubic was not a responsible contractor for the project and disqualified it. The Air Force acted on the basis of information suggesting that a senior executive of Cubic, and a defense consultant employed by Cubic...

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