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DATA GENERAL CORP. v. U.S.

No. 90-1264.

915 F.2d 1544 (1990)

DATA GENERAL CORPORATION, Appellant, v. The UNITED STATES, Appellee, and SMS Data Products Group, Incorporated and Lockheed Missiles & Space Company, Inc., Intervenors-Appellees.

United States Court of Appeals, Federal Circuit.

October 9, 1990.

Attorney(s) appearing for the Case

Richard J. Webber, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., argued for appellant. With him on the brief were Matthew S. Perlman and Bruce J. Moldow.

Joan M. Bernott, Sp. Litigation Counsel, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellee. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen., and David M. Cohen, Director.

Cyrus E. Phillips, IV, McGuire, Woods, Battle & Boothe, Washington, D.C., argued for intervenors-appellees. E. Sanderson Hoe, McKenna, Conner & Cuneo, Washington, D.C., argued for intervenors-appellees. With him on the brief were John B. Dale and Charlotte D. Young. Also on the brief was Laurence Fedak, Lockheed Missiles & Space Co., Inc., Fairfax, Va., of counsel.

Before MARKEY, Circuit Judge, MILLER, Senior Circuit Judge, and MAYER, Circuit Judge.

OPINION

MAYER, Circuit Judge.

Data General Corporation appeals the decision of the General Services Administration Board of Contract Appeals (board) granting the protest of SMS Data Products Group, Inc. (SMS) in full, and that of Lockheed Missiles & Space Company, Inc. (Lockheed), consolidated with SMS's protest, in part. SMS Data Prod. Group, Inc., GSBCA Nos. 10468-P, 10474-P, 90-2 B.C.A. (CCH) ¶ 22,799, 1990 WL 31888 (Mar. 15, 1990). We...

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