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MARK DUNNING INDUSTRIES, INC. v. CHENEY

Nos. 90-7065, 90-7124.

934 F.2d 266 (1991)

MARK DUNNING INDUSTRIES, INC., Plaintiff-Appellee, v. Richard B. CHENEY, Secretary of Defense; Michael P.W. Stone, Secretary of the Army; Henry G. Victor, Jr., Contracting Officer, Ft. Polk, Louisiana, Defendant-Appellee, Reliable Trash Service Co. of Md., Inc., Intervenor/Cross-Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 19, 1991.

Attorney(s) appearing for the Case

Dennis R. Pierson, George L. Beck, Jr., Montgomery, Ala., Alex Boskoff, Potomac, Md., for intervenor/cross-claimant-appellant.

James Eldon Wilson, U.S. Atty., Kenneth E. Vines, Asst. U.S. Atty., Montgomery, Ala., William D. Coleman, James H. McLemore, Capell, Howard, Knabe & Cobbs, P.A., Montgomery, Ala., D. Lee Roberts, Jr., Smith, Currie & Hancock, Atlanta, Ga., David P. Carey, Dept. of the Army, Litigation Div., Office of the Judge Advocate Gen., Washington, D.C., for appellees.

Before POWELL, Associate Justice, TJOFLAT, Chief Judge, and KRAVITCH, Circuit Judge.

PER CURIAM:

At issue in this case is a United States Army refuse collection and disposal contract for Fort Polk, Louisiana. When the Army solicited bids for this contract, it allowed contractors to submit bids based on alternative specifications, reflecting two different waste disposal arrangements that were acceptable to the Army. Mark Dunning Industries, Inc. (Dunning) submitted a bid based on one set of specifications; Reliable Trash Service Company of Maryland...

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