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ELCON ENTERPRISES, INC. v. WMATA

Nos. 91-7106, 91-7107 and 91-7122.

977 F.2d 1472 (1992)

ELCON ENTERPRISES, INC., Appellant, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, et al. ELCON ENTERPRISES, INC. v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Appellant, Schindler Elevator Corporation, et al. ELCON ENTERPRISES, INC. v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY Schindler Elevator Corporation, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 30, 1992.

Attorney(s) appearing for the Case

Joseph F. Cunningham, Washington, D.C., for appellant Elcon Enterprises, Inc.

Gerard J. Stief, with whom Robert L. Polk, Gen. Counsel, Robert J. Kniaz, Deputy Gen. Counsel, and Francis R. Filiatreau, Jr., Asst. Gen. Counsel, Washington, D.C., were on the brief, for appellee/cross-appellant Washington Metropolitan Area Transit Authority.

V. Frederic Lyon, with whom Julie A. Quagliano, Washington, D.C., was on the brief, for appellee/cross-appellant Schindler Elevator Corp.

Before: WALD, SILBERMAN, and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

In this case, we are called upon to decide whether or not the decision of the Washington Metropolitan Area Transit Authority ("WMATA") to award a system-wide escalator maintenance contract to Schindler Elevator Company ("Schindler") should be set aside. We must also decide whether it is proper to award a remedy to a disappointed bidder or proposer, in this case Elcon Enterprises...

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