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EXECUTIVE BUSINESS MEDIA v. U.S. DEPT. OF DEFENSE

No. 92-2490.

3 F.3d 759 (1993)

EXECUTIVE BUSINESS MEDIA, INCORPORATED, Plaintiff-Appellant, v. U.S. DEPARTMENT OF DEFENSE, Richard B. Cheney, Secretary; Defense Commissary Agency, Major General John P. Dreska, Director; Downey Communications, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 1, 1993.

Attorney(s) appearing for the Case

Geoffrey Richard Wagner Smith, McDermott, Will & Emery, Washington, DC, argued (Michael D. Friedlander, T. Raymond Williams, Matthew C. Rosser, of counsel), for plaintiff-appellant.

Michael Scott Raab, Civ. Div., U.S. Dept. of Justice, Washington, DC, argued (Stuart M. Gerson, Asst. Atty. Gen., Richard Cullen, U.S. Atty., John F. Daly, Civ. Div., U.S. Dept. of Justice, Washington, DC, of counsel), for federal defendants-appellees.

Alan Mark Grayson, Falls Church, VA, argued (C. Sanders McNew, Caplin & Drysdale, Washington, DC, of counsel), for defendants-appellees Downey Communications.

Before HALL, Circuit Judge, SPROUSE, Senior Circuit Judge, and MICHAEL, District Judge for the Western District of Virginia, sitting by designation.

OPINION

SPROUSE, Senior Circuit Judge:

Executive Business Media, Inc. (EBM) brought this action against the Defense Commissary Agency (DeCA), Downey Communications, Inc., and others under 5 U.S.C. § 702 seeking injunctive and declaratory relief based on an allegedly unlawful government contract awarded to Downey in a settlement agreement. The district court granted summary judgment against EBM, concluding that the settlement agreement between DeCA and...

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