Daryl A. DIEBOLD; Daton L. Plumblee, Plaintiffs-Appellants,
v.
UNITED STATES of America; Attorney General of the United States; General Thomas C. Foley; Mike Stone, Secretary; Colbar, Inc., Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued October 5, 1990.
Decided October 15, 1991.
Rehearing and Rehearing Denied January 30, 1992.
Attorney(s) appearing for the Case
Ralph M. Mobley (argued and briefed), Elizabethtown, Ky., for plaintiffs-appellants.
Joseph M. Whittle, U.S. Atty., James H. Barr, Asst. U.S. Atty., Louisville, Ky., Timothy Goblirsch, Ft. Knox, Ky., Miguel A. Escalera, Jr. (briefed), Dept. of Army, Office of the Judge Advocate General, Washington, D.C., Christopher J. O'Brien (argued and briefed), DAJA-LTC, Dept. of Army, Litigation Div., Arlington, Va., Lawrence L. Pedley (briefed), Pedley, Ross, Zielke, Gordinier & Porter, Louisville, Ky., Joel R. Feidelman (briefed), Alan M. Grayson (argued), Richard D. Leiberman, Fried, Frank, Harris, Shriver & Jacobson, Washington, D.C., for defendants-appellees.
Before MERRITT, Chief Judge, JONES, Circuit Judge, and WELLFORD, Senior Circuit Judge.
United States Court of Appeals, Sixth Circuit.
Rehearing and Rehearing En Banc Denied January 30, 1992.
MERRITT, Chief Judge.
This case presents the jurisdictional question whether, under the Administrative Procedure Act ("APA"), 5 U.S.C. § 701(a)(2),1 a decision by the army to "privatize" or to "contract-out" the operations of its dining halls at Fort Knox is a decision "committed to agency discretion by law." The complaint in this "wrongful privatization" case alleges...
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