DATA GENERAL CORP. v. JOHNSON

No. 95-1208.

78 F.3d 1556 (1996)

DATA GENERAL CORPORATION, Appellant, v. Roger W. JOHNSON, Administrator, General Services Administration, Appellee, and International Business Machines Corporation, Intervenor.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined May 7, 1996.


Attorney(s) appearing for the Case

Richard J. Webber, Arent Fox Kintner Plotkin & Kahn, Washington, D.C., argued, for appellant.

Dean L. Grayson, Attorney, Commercial Litigation Branch, Department of Justice, Washington, D.C., argued, for appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General and David M. Cohen, Director. Also on the brief were George Barclay, Michael Ettner, Roger Waldron, Pamela Reiner and Jody Burton, Office of General Counsel, General Services Administration, of counsel.

Thomas Humphrey, Crowell & Moring, Washington, D.C., argued, for intervenor. With him on the brief were L. Graeme Bell, III, Devon S. Engel and Jacqueline E. Hand, of counsel.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.


Rehearing Denied; Suggestion for Rehearing In Banc Declined May 7, 1996.

Opinion for the Court filed by Senior Circuit Judge FRIEDMAN.

Dissenting opinion filed by Circuit Judge NEWMAN.

FRIEDMAN, Senior Circuit Judge.

The appellant, Data General Corporation (Data General), challenges the decision of the General Services Administration (GSA) Board of Contract Appeals (Board), denying its protest of GSA's award of a contract to International Business...

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