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A & S COUNCIL OIL CO., INC. v. LADER

No. 93-5345.

56 F.3d 234 (1995)

A & S COUNCIL OIL COMPANY, INC., et al., Appellees, v. Philip LADER, in his official capacity as Administrator of the United States Small Business Administration, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 9, 1995.

Attorney(s) appearing for the Case

Daniel F. Van Horn, Asst. U.S. Atty., Washington, DC, argued the cause for appellant. With him on the briefs were Eric H. Holder, Jr., U.S. Atty., R. Craig Lawrence and John D. Bates, Asst. U.S. Attys., Washington, DC.

Julius E. Mensah, Indianapolis, IN, argued the cause and filed the brief for appellees.

Before: BUCKLEY, WILLIAMS and SENTELLE, Circuit Judges.

STEPHEN F. WILLIAMS, Circuit Judge:

In the early 1980s the Small Business Administration subcontracted with three minority-owned small businesses to perform federal procurement contracts under its § 8(a) program. The companies lost money — or at any rate failed to make the profits they anticipated. They sued the SBA's Administrator, alleging that the SBA acted arbitrarily and capriciously and in excess of its statutory authority because the contract prices...

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