US WEST COMMUNICATIONS SERVICES, INC. v. U.S.

Nos. 89-1662, 90-1052.

940 F.2d 622 (1991)

US WEST COMMUNICATIONS SERVICES, INC., Appellant, v. The UNITED STATES, Appellee, and Westinghouse Hanford Company and United Telephone Company of the Northwest, Intervenors. UNITED STATES, Appellant, v. UNITED TELEPHONE COMPANY OF THE NORTHWEST, Appellee.

United States Court of Appeals, Federal Circuit.

July 29, 1991.


Attorney(s) appearing for the Case

Thomas P. Humphrey, II, Davis, Graham & Stubbs, Washington, D.C., argued, for appellant, U.S. West Communications Services, Inc. With him on the brief, was S. Neil Hosenball and Mark D. Colley.

Anthony H. Anikeeff, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for appellee, The U.S. With him on the brief, were Stuart E. Schiffer, Acting Asst. Atty. Gen., and David M. Cohen, Director. Also on the brief, were I. Avrum Fingeret, Paul W. Lewis and Patricia D. Graham, Office of the Gen. Counsel, Dept. of Energy, Washington, D.C., of counsel.

Thomas Madden, Venable, Baetjer, Howard & Civiletti, Washington, D.C., argued, for intervenor, United Telephone Co. of the Northwest. With him on the brief, were William L. Walsh, Jr., James F. Worrall and J. Scott Hommer, III. Also on the brief, was Timothy J. Bonansinga, Gen. Counsel, United Telephone Co. of The Northwest, Hood River, Or., of counsel.

Richard O. Duvall, Timothy J. Bloomfield and Richard L. Moorhouse, Dunnells, Duvall, Bennett & Porter, Washington, D.C., were on the brief, for intervenor, Westinghouse Hanford Co.

Before ARCHER, Circuit Judge, BENNETT, Senior Circuit Judge, and RE, Chief Judge.


ARCHER, Circuit Judge.

US West Communications Services, Inc. (US West), in No. 89-1662, appeals the decisions of the General Services Administration Board of Contract Appeals (GSBCA or board), taking jurisdiction under the Brooks Act, 40 U.S.C. § 759 (1988), as amended, and granting the bid protest of United Telephone Company of the Northwest (United). United Telephone Co. of the Northwest, 89-3 BCA ¶ 22,108, 111,189 (1989), and United Telephone...

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