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U.S. v. COMPUSEARCH SOFTWARE SYSTEMS

No. 90-1484.

936 F.2d 564 (1991)

The UNITED STATES, Appellant, v. COMPUSEARCH SOFTWARE SYSTEMS, Appellee.

United States Court of Appeals, Federal Circuit.

June 19, 1991.

Attorney(s) appearing for the Case

Kirk Manhardt, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellant. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., and David M. Cohen, Director. Also on the brief was Brian Henretty, Office of the Chief Counsel, U.S. Army Corps of Engineers, Washington, D.C., of counsel.

William M. Rosen and Hilary S. Cairnie, of Dickstein, Shapiro & Morin, Vienna, Va., argued for appellee. With them on the brief was Richard J. Conway.

Before ARCHER, Circuit Judge, MILLER, Senior Circuit Judge, and LOURIE, Circuit Judge.

LOURIE, Circuit Judge.

The issue in this case is whether section 759(f)(5)(C) of the Brooks Act entitles a prevailing "interested party" to recover costs from the government for pursuing a protest, when the costs include attorney's fees attributable to discovery against an opposing intervenor. The General Services Administration Board of Contract Appeals held that a protestor can recover such costs. Compusearch Software Systems, GSBCA No. 10483-C (10329-P)...

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