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ViON CORP. v. U.S.

No. 90-1190.

906 F.2d 1564 (1990)

ViON CORPORATION, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

June 25, 1990.

Attorney(s) appearing for the Case

Irwin Goldbloom, of Latham & Watkins, Washington, D.C., argued for appellant. Of counsel was Franklin G. Snyder.

Joan M. Bernott, of the 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. Of counsel was LTC. John P. Galligan, Major Peter Comodeca, LTC. Clarence D. Long, III and Captain Timothy Rollins.

Before NEWMAN, MICHEL, Circuit Judges, and CONTI, District Judge.

MICHEL, Circuit Judge.

ViON Corporation (ViON) appeals the dismissal of its bid protest by the General Services Administration Board of Contract Appeals (Board). ViON Corp., GSBCA No. 10218-P, 90-1 BCA ¶ 22,287, at 111,932, 1989 WL109224 (1989). Because the Board erred as a matter of law in ruling the protest frivolous, we reverse and remand the case with instructions to reinstate the protest.

BACKGROUND

ViON filed with the Board a timely...

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