IMCO, INC. v. U.S.

No. 95-5111.

97 F.3d 1422 (1996)

IMCO, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 8, 1996.


Attorney(s) appearing for the Case

Don A. Howard, Huntsville, AL, argued, for plaintiff-appellant. Of counsel was Bradley P. Ryder.

Laurel A. Loomis, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued, for defendant-appellee. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and James M. Kinsella, Assistant Director. Of counsel on the brief were Capt. Maria S.L. Chapa, U.S. Army Legal Services Agency, Arlington, VA, and Hal C. Dilworth, Jr., Office of Chief Counsel, U.S. Army Missile Command, Redstone Arsenal, AL.

Before NEWMAN, MAYER, and PLAGER, Circuit Judges.


MAYER, Circuit Judge.

IMCO, Inc., appeals the April 28, 1995 judgment of the United States Court of Federal Claims, 33 Fed. Cl. 312 (1995), dismissing its bid protest challenging the Army's cancellation of a solicitation for dummy missiles and shoe alignment fixtures after IMCO had been proposed for debarment. The court held that because the decision to actually debar IMCO was not arbitrary and capricious, or in violation of applicable law, and was based on substantial...

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