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DELTA CHEMICAL CORP. v. WEST

No. 94-1652.

33 F.3d 380 (1994)

DELTA CHEMICAL CORPORATION, Plaintiff-Appellant, v. Togo D. WEST, Jr., Secretary of the Army; Margaret G. Zimmerman, Contracting Officer, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 30, 1994.

Attorney(s) appearing for the Case

ARGUED: Laurence Schor, Smith, Somerville & Case, Washington, DC, for appellant. Jeanette Plante, Asst. U.S. Atty., Baltimore, MD, for appellee. ON BRIEF: Douglas G. Worrall, Smith, Somerville & Case, Baltimore, MD, Susan L. Schor, Smith, Somerville & Case, Washington, DC, for appellant. Lynne A. Battaglia, U.S. Atty., Baltimore, MD, for appellee.

Before WILKINSON and LUTTIG, Circuit Judges, and J. ANDERSON, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILKINSON and Judge JOSEPH ANDERSON, Jr., joined.

OPINION

LUTTIG, Circuit Judge:

Appellees, the Secretary of the Army and an Army Contracting Officer, awarded a contract to a competitor of appellant Delta Chemical Corporation. After the General Accounting Office denied Delta's bid protest, Delta sought declaratory and injunctive relief in federal district court, pursuant...

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