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LEITMAN v. McAUSLAND

No. 90-1823.

934 F.2d 46 (1991)

Joe LEITMAN, d/b/a J.L. Surplus Sales, Surplus Sales, Plaintiffs-Appellants, v. Lieutenant General C. McAUSLAND, U.S.A.F. Director, Defense Logistics Agency, Colonel Raymond Agnor, U.S.A.F. Commander, Defense Reutilization and Marketing Service, Bruce W. Baird, Counsel and Debarring Official Defense Logistics Agency Reutilization Marketing Service, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 21, 1991.

As Amended June 3, 1991.

Attorney(s) appearing for the Case

Edward Leslie Cox, Cox and Cox, Virginia Beach, Va., for plaintiffs-appellants.

Michael Anson Rhine, Office of U.S. Atty., Norfolk, Va., argued (Theodore R. Pixley, Jr., Chief Trial Atty., Defense Reutilization and Marketing Service, Battle Creek, Mich., on brief), for defendants-appellees.

Before SPROUSE and WILKINSON, Circuit Judges, and MULLEN, District Judge for the Western District of North Carolina, sitting by designation.

MULLEN, District Judge:

Appellants Joe Leitman and J.L. Surplus Sales filed a complaint on 27 April 1990, challenging an administrative decision dated 8 February 1990, debarring appellants for three years from purchasing surplus and foreign excess personal property from the federal government. The district court affirmed the agency findings and denied the requested injunction against the debarment. Appellants filed a timely...

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